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HomeMy WebLinkAbout2660274 - Appropriate Assessment Screening Report i Whitehill Environmental Noreen McLoughlin, MSc Environmental Consultant Whitehill Edgeworthstown Co. Longford  (087) 4127248 / (043) 6672775  noreen.mcloughlin@gmail.com APPROPRIATE ASSESSMENT SCREENING OF A PROPOSED DEVELOPMENT IN KNOCKAGEEHA, KNOCKATALLON , CO MONAGHAN Barua and Rina Tilak c/o Donal McPhillips Architecture Main Street Derrylin Enniskillen Co. Fermanagh June 2026 All Maps and Aerial Photography used in this report are reproduced under 2026 Tailte Éireann License CYAL50510652 REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN ii T ABLE OF C ONTENTS 1 INTRODUCTION _____________________________________________________________________ 3 1.1 Background ................................................................................................................................... 3 1.2 Regulatory Context ....................................................................................................................... 3 2 METHODOLOGY ____________________________________________________________________ 7 2.1 Appropriate Assessment ............................................................................................................... 7 2.2 Statement of Competency ............................................................................................................ 9 2.3 Desk Studies & Consultation ......................................................................................................... 9 2.4 Assessment Methodology ........................................................................................................... 10 3 SCREENING _______________________________________________________________________ 11 3.1 Development Descriptions .......................................................................................................... 11 3.2 Site Location and Surrounding Environment .............................................................................. 13 3.3 Natura 2000 Sites Identified ........................................................................................................ 16 3.4 Impact Assessment ..................................................................................................................... 22 3.5 Finding of No Significant Effects ................................................................................................. 25 4 APPROPRIATE ASSESSMENT CONCLUSION _______________________________________________ 26 REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 3 1 INTRODUCTION 1.1 BACKGROUND Article 6 of the EU Habitat’s Directive (Council Directive 92/43/EEC) requires that all plans and projects be screened for potential impacts upon Special Areas of Conservation (SACs) or Special Protection Areas (SPAs). The aim of this screening process is to establish whether or not a full Appropriate Assessment of the proposed plan or project is necessary. A comprehensive assessment of the potential significant effects of a proposed development in Knockageeha, Knockatallon, Co. Monaghan on certain designated sites was carried out in June 2026 by Noreen McLoughlin, MSc, MCIEEM of Whitehill Environmental. This assessment will allow the Competent Authority, i.e., Monaghan County Council, to undertake an Appropriate Assessment determination, as required under Article 6(3) of the Habitats Directive. The location of the proposed development is within 15km of sites designated under European Law. As such and in accordance with Article 6(3) of the EU Habitat’s Directive (Council Directive 92/43/EEC) regarding Appropriate Assessment, this screening exercise for Appropriate Assessment was carried out in order to identify whether any significant impacts on designated sites are likely. This exercise will also determine the appropriateness of the proposed project, in the context of the conservation status of the designated sites. 1.2 REGULATORY CONTEXT RELEVANT LEGISLATION The Birds Directive (Council Directive2009/147/EC) recognises that certain species of birds should be subject to special conservation measures concerning their habitats. The Directive requires that Member States take measures to classify the most suitable areas as Special Protection Areas (SPAs) for the conversation of bird species listed in Annex 1 of the Directive. SPAs are selected for bird species (listed in Annex I of the Birds Directive), that are regularly occurring populations of migratory bird species and the SPA areas are of international importance for these migratory birds. The EU Habitats Directive (92/43/EEC) requires that Member States designate and ensure that particular protection is given to sites (Special Areas of Conservation) which are made up of or support particular habitats and species listed in annexes to this Directive. Articles 6(3) and 6(4) of this Directive also call for the undertaking of an Appropriate Assessment for plans and projects not directly connected with or necessary to the REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 4 management of, but which are likely to have a significant effect on any European designated sites (i.e. SACs and SPAs). The Water Framework Directive (WFD) (2000/60/EC), which came into force in December 2000, establishes a framework for community action in the field of water policy. The WFD was transposed into Irish law by the European Communities (Water Policy) Regulations 2003 (S.I. 722 of 2003). The WFD rationalises and updates existing legislation and provides for water management on the basis of River Basin Districts (RBDs). RBDs are essentially administrative areas for coordinated water management and are comprised of multiple river basins (or catchments), with cross-border basins (i.e. those covering the territory of more than one Member State) assigned to an international RBD. The aim of the WFD is to ensure that waters achieve at least good status by 2027 and that status does not deteriorate in any waters. Appropriate Assessment and the Habitats Directive Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Fauna and Flora – the ‘Habitats Directive’ - provides legal protection for habitats and species of European importance. Article 2 of the Directive requires the maintenance or restoration of habitats and species of European Community interest, at a favourable conservation status. Articles 3 - 9 provide the legislative means to protect habitats and species of Community interest through the establishment and conservation of an EU-wide network of sites known as Natura 2000. Natura 2000 sites are Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive (79/409/EEC). Articles 6(3) and 6(4) of the Habitats Directive sets out the decision-making tests for plans or projects affecting Natura 2000 sites. Article 6(3) establishes the requirement for Appropriate Assessment: “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 light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 5 Article 6(4) deals with the steps that should be taken when it is determined, as a result of appropriate assessment, that a plan/project will adversely affect a European site. Issues dealing with alternative solutions, imperative reasons of overriding public interest and compensatory measures need to be addressed in this case. Article 6(4) states: “If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member States shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.” The Appropriate Assessment Process The aim of Appropriate Assessment is to assess the implications of a proposal in respect of a designated site’s conservation objectives. The ‘Appropriate Assessment’ itself is an assessment which must be carried out by the competent authority which confirms whether the plan or project in combination with other plans and projects will have an adverse impact on the integrity of a European site. Screening for Appropriate Assessment shall be carried out by the competent authority as set out in Section 177U(1) and (2) of the Planning and Development Act 2000 (as amended) as follows: ‘(1) A screening for appropriate assessment of a draft Land use plan or application for consent for proposed development shall be carried out by the competent authority to assess, in view of best scientific knowledge, if that Land use plan or proposed development, individually or in combination with another plan or project is likely to have a significant effect on the European site. (2) A competent authority shall carry out a screening for appropriate assessment under subsection (1) before— REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 6 (a) a Land use plan is made including, where appropriate, before a decision on appeal in relation to a draft strategic development zone is made, or (b) consent for a proposed development is given.’ The competent authority shall determine that an Appropriate Assessment is not required if it can be excluded, that the proposed development, individually or in combination with other plans or project will have a significant effect on a European site. Where the competent authority cannot exclude the potential for a significant effect on a European site, an Appropriate Assessment shall be deemed required. Where an Appropriate Assessment is required, the conclusions of the Appropriate Assessment Report (Natura Impact Statement (NIS)) should enable the competent authority to ascertain whether the plan or proposed development would adversely affect the integrity of the European site. If adverse impacts on the integrity of a European site cannot be avoided, then mitigation measures should be applied during the appropriate assessment process to the point where no adverse impacts on the site remain. Under the terms of the Habitats Directive consent can only be granted for a project if, as a result of the appropriate assessment either (a) it is concluded that the integrity of any European sites will not be adversely affected, or (b) after mitigation, where adverse impacts cannot be excluded, there is shown to be an absence of alternative solutions, and there exists imperative reasons of overriding public interest for the project should go ahead. Section 177(V) of the Planning and Development Act 2000 (as amended) outlines that the competent authority shall carry out the Appropriate Assessment, taking into account the Natura Impact Statement (amongst any other additional or supplemental information). A determination shall then be made by the competent authority in line with the requirements of Article 6(3) of the Habitats Directive as to whether the plan or proposed development would adversely affect the integrity of a European site, prior to consent being given. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 7 2 METHODOLOGY 2.1 APPROPRIATE ASSESSMENT This Statement of Screening for Appropriate Assessment (Stage 1) has been prepared with reference to the following: • European Commission (2018). Managing Natura 2000 Sites: The Provisions of Article 6 of the Habitats Directive 92/43/EEC. • European Commission (2021). 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. • Department of Environment, Heritage and Local Government (2009). Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities. • Office of the Planning Regulator (2021). Practice Note PN01: Appropriate Assessment Screening for Development Management. • Office of the Planning Regulator (2021). Appropriate Assessment Screening Guidance for Development Management. • Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (as amended). • Directive 2009/147/EC on the Conservation of Wild Birds (codified version). • European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), as amended. • The AA has also been undertaken in consideration of the European Union (CJEU) judgment on Case C323/17 (People over Wind, Peter Sweetman v Coillte Teoranta), which concluded that “it is not appropriate, at the screening stage, to take account of the measures intended to avoid or reduce the harmful effects [mitigation] of the plan or project on that site.”. Other caselaw relevant to Screening are Waddenzee (C127/02), Holohan and Others v An Bord Pleanála (C461/17) and Court of Appeal case C1/2009/0041/QBACF Citation No [2009] EWCA Civ. 1061. • Most recent and pertinent case law pertaining to AA screening comes from Eco Advocacy v. An Bord Pleanála Case C-721/21. This case recently determined that “standard design measures” can be included at design stage if they are an inherent part of the plan, namely a measure: ‘incorporated into that plan or project as standard features, inherent in such a plan or project, irrespective of any effect on the site’. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 8 The EC Guidance sets out a number of principles as to how to approach decision making during the process. The primary one is ‘the precautionary principle’ which requires that the conservation objectives of Natura 2000 should prevail where there is uncertainty. When considering the precautionary principle, the emphasis for assessment should be on objectively demonstrating with supporting evidence that: • There will be no significant effects on a Natura 2000 site; • There will be no adverse effects on the integrity of a Natura 2000 site; • There is an absence of alternatives to the project or plan that is likely to have an adverse effect to the integrity of a Natura 2000 site; and • There are compensation measures that maintain or enhance the overall coherence of Natura 2000. This translates into a four stage process to assess the impacts, on a designated site or species, of a policy or proposal. The EC Guidance states that “each stage determines whether a further stage in the process is required”. Consequently, the Council may not need to proceed through all four stages in undertaking the Appropriate Assessment. The four-stage process is: Stage 1: Screening – The process which identifies the likely impacts upon a Natura 2000 site of a project or plan, either alone or in combination with other projects or plans, and considers whether or not these impacts are likely to be significant; Stage 2: Appropriate Assessment – The consideration of the impact on the integrity of the Natura 2000 site of the project or plan, either alone or in combination with other projects or plans, with respect to the site’s structure and function and its conservation objectives. Additionally, where there are adverse impacts, an assessment of the potential mitigation of those impacts; Stage 3: Assessment of Alternative Solutions – The process which examines alternative ways of achieving objectives of the project or plan that avoid adverse impacts on the integrity of the Natura 2000 site; Stage 4: Assessment where no alternative solutions exist and where adverse impacts remain – An assessment of the compensatory measures where, in the light of an assessment REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 9 of imperative reasons of overriding public interest (IROPI), it is deemed that the project or plan should proceed. In complying with the obligations set out in Articles 6(3) and following the guidelines described above, this screening statement has been structured as a stage by stage approach as follows: • Description of the proposed project; • Identification of the Natura 2000 sites close to the proposed development; • Identification and description of any individual and cumulative impacts on the Natura 2000 sites likely to result from the project; • Assessment of the significance of the impacts identified above on site integrity. Exclusion of sites where it can be objectively concluded that there will be no significant effects. 2.2 S TATEMENT OF C OMPETENCY This AA Screening report was carried out by Noreen McLoughlin, BA, MSc, MCIEEM. Noreen has an honours degree in Zoology and an MSc in Freshwater Ecology from Trinity College, Dublin and she has been a full member of the Chartered Institute of Ecology and Environmental Management for over 17 years. Noreen has over 18 years’ experience as a professional ecologist in Ireland. 2.3 D ESK S TUDIES & C ONSULTATION Information on the site and the area of the proposed development was studied prior to the completion of this statement. The following data sources were accessed in order to complete a thorough examination of potential impacts: • National Parks and Wildlife Service - Aerial photographs and maps of designated sites, information on habitats and species within these sites and information on protected plant or animal species, conservation objectives, site synopses and standard data forms for relevant designated sites. • Environmental Protection Agency (EPA)- Information pertaining to water quality, geology and licensed facilities within the area; • Myplan.ie – Mapped based information; • National Biodiversity Data Centre (NBDC) – Information pertaining to protected plant and animal species within the study area; • Bing maps & Google Street View – High quality aerials and street images; • Donal McPhillips Architecture – Plans and Information Pertaining to the Development REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 10 • Monaghan County Council – Information on planning history in the area for the assessment of cumulative impacts. 2.4 ASSESSMENT METHODOLOGY The proposed development was assessed to identify its potential ecological impacts and from this, the Zone of Influence (ZoI) of the proposed development was defined. Based on the potential impacts and their ZoI, the Natura 2000 sites potentially at risk from direct, indirect or in-combination impacts were identified. The assessment considered all potential impact sources and pathways connecting the proposed development to Natura 2000 sites, in view of the conservation objectives supporting the favourable conservation condition of the site’s Qualifying Interests (QIs) or Special Conservation Interests (SCIs). The conservation objectives relating to each Natura 2000 site and its QIs/SCIs are cited generally for SACs as “to maintain or restore the favourable conservation condition of the Annex I habitat(s) and/or Annex II species for which the SAC has been selected”, and for SPAs “to maintain or restore the favourable conservation condition of the bird species listed as Special Conservation Interests for this SPA”. As defined in the Habitat’s Directive, the favourable conservation status of a habitat is achieved when: • Its natural range and area it covers within that range is stable or increasing; • 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; The favourable conservation status of a species is achieved when: • The 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; • The natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future; • There is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis. Where site-specific conservation objectives (SSCOs) have been prepared for a European site, these include a series of specific attributes and targets against which effects on conservation condition, or integrity, can be measured. Where potential significant effects are identified, then these SSCOs should be considered in detail. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 11 3 S CREENING 3.1 D EVELOPMENT DESCRIPTION S Barua and Rina Tilak are applying to Monaghan County Council for planning permission for a domestic development on a site in Knockageeha, Knockatallon, Co. Monaghan. Planning permission is being sought here for the following: 1. Retention permission for (i) Demolition of existing dwelling and associated outbuilding(s) (ii) Construction of foundations for new dwelling and part commencement of new walls. 2. Full permission for the (i) Erection of a new two storey dwelling and detached domestic garage/outbuilding, previously granted as extension to existing dwelling (now demolished) under permission 24/60308 (ii) Upgrade of existing WWTs (iii) Use existing entrance onto public road and (iv) New landscaping and (v) All associated works The site plan is presented below in Figure 1. Figure 1– Extract from Planning Drawings (as prepared by Donal McPhillips Architecture) REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 12 Wastewater Treatment The applicants propose to upgrade the Waste Water Treatment Plant as authorised by Planning Reg. No: 24/60308. The proposed effluent treatment system and ancillary polishing filter shall be located, constructed and maintained in full compliance with Condition No.2 of the above planning application. All WWTP components shall be designed and installed in full compliance with 2021 EPA Code of Practice. Compliance certification for all wwtp works and wastewater treatment performance criteria shall be submitted to the Planning Authority upon completion of works. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 13 3.2 SITE L OCATION AND S URROUNDING E NVIRONMENT The application site is located in a rural area, in the townland of Knocknageeha, on lands approximately 525m north-east of the Knockatallon crossroads and village. Access to the site is via a private access lane and the entrance to this is just off a local, third-class road. The site is located in an area characterised by small housing estates and the scattered one-off residences that form part of the Knockatallon area; however, the overall nature of the area remains rural. It is located on the south-eastern foothills of the Slieve Beagh uplands and it has a slight slope down towards the road on the southern boundaries. The main land-use locally is agriculture and forestry, and improved – semi-improved agricultural grasslands and coniferous forestry are the dominant habitats in the area. Other habitats represented locally include wet and poorly drained grasslands, rough grasslands, wet and dry heath, treelines, hedgerows, drains and streams. Site location maps can be seen in Figure 2 and 3, whilst aerial photographs of the site and its surrounding habitats can be seen in Figure 4. Figure 2 – Site Location Map REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 14 Figure 3 – Site Location Map. HABITATS AND SPECIES No part of the site lies directly within any area designated for nature conservation purposes. The habitats within the site were assessed using up to date aerial photographs. The habitats within the application sites are mixed and consist of Buildings and Artificial Surfaces (including demolished dwelling), Spoil and Bare Ground and unimproved grassland habitats. Prior to works on the site, the habitats were dominated by unimproved / wet grasslands. The site boundaries are largely defined by the original hedgerow field boundaries. Hen Harrier Habitat Using photographs of the site (aerials) an assessment of the potential use of the site by the hen harrier was undertaken. Traditionally, breeding harriers nested on the ground in heather dominated moorland, but due to fundamental changes in the upland landscape in Ireland, including wide-spread planting of non-native coniferous forests, these birds have largely switched to ground nesting in pre-thicket forest plantations and early growth second rotation forest. They also will nest in dense vegetation including scrub. None of these habitats occur within the application site and the site is unlikely to be used in anyway by breeding hen harriers. Only three breeding pairs of hen harrier were confirmed in Slieve Beagh in 2017 (Hen Harrier Monitoring, 2017, Hen Harrier Project). It can be concluded that these nesting sites are within the SPA itself and not within the application site. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 15 WATER FEATURES AND QUALITY The application site lies within the Lough Neagh and Lower Bann Hydrometric Area and Catchment, the Blackwater (Monaghan) sub-catchment and sub-basin. There are surface water drains on the lands surrounding the site, and these drains are likely to lead to the River Blackwater, which is 129m north of the site. The EPA have classified the ecological status of the River Blackwater at points close to the application site as good. Under the requirements of the Water Framework Directive, this is satisfactory and this status must be maintained. The site is within the Knockatallon Groundwater Body and the overall status of this waterbody is good. However, this waterbody is at risk of not maintaining this good status. The EPA cite the main pressures on this groundwater body as anthropogenic. Figure 4 – Aerial Photograph of the Application Site © Google REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 16 3.3 NATURA 2000 SITES IDENTIFIED In accordance with the guidelines issued by the Department of the Environment and Local Government, a list of Natura 2000 sites within 15km of the proposed development have been identified and described according to their site synopsis, qualifying interests and conservation objectives. In addition, any other sites further than this, but potentially within its zone of interest were also considered. The zone of impact may be determined by an assessment of the connectivity between the application site and the designated areas by virtue of hydrological connectivity, atmospheric emissions, flight paths, ecological corridors etc. For significant effects to arise, there must be a potential impact facilitated by having a source, i.e., the proposed development and activities arising out of its construction or operation, a receptor, i.e., the European site and its qualifying interests and a subsequent pathway or connectivity between the source and receptor, e.g., a water course. The likelihood for significant effects on the European site will largely depend on the characteristics of the source (e.g., nature and scale of the construction works), the characteristics of the existing pathway and the characteristics of the receptor, e.g., the sensitivities of the Qualifying Interests (habitats or species) to changes in water quality. There are five Natura 2000 designated sites within 15km of the application site. These designated areas and their closest points to the proposed development site are summarised in Table 1 and maps showing their locations relative to the application site are shown in Figures 5 and 6. A full description of these sites can be read on the websites of the National Parks and Wildlife Service (npws.ie) and the Joint Nature Conservation Committee (jncc.defra.gov.uk). The sites in Northern Ireland have been included, although they are no longer part of the European network since Brexit. Site Name & Code Distance Qualifying Interests Potential Significant Effects Slieve Beagh SPA 004167 Adjacent • Hen Harrier Circus cyaneus Having regards to the proximity of the site to this SPA, potential significant effects upon this site and its QIs will be considered further. Slieve Beagh- Mullaghafad- Lisnaskea SPA UK9020302 2.6km west • Hen Harrier Circus cyaneus Having regards to the lack of hydrological and ecological connectivity, then significant effects upon this site and its QIs can be ruled out. Slieve Beagh SAC UK0016622 4.1m north-west • Natural dystrophic lakes and ponds • European dry heaths Having regards to the lack of hydrological and ecological connectivity, then significant REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 17 effects upon this site and its QIs can be ruled out. Magheraveely Marl Loughs SAC UK0016621 6.3km south • Hard oligo-mesotrophic waters with benthis vegetation of Chara spp. • Alkaline fens Having regards to the lack of hydrological and ecological connectivity, then significant effects upon this site and its QIs can be ruled out. Kilroosky Lough Cluster SAC 001786 12.7km south-west • Hard oligo-mesotrophic waters with benthic vegetation of Chara spp. • Calcareous fens with Cladium mariscus and species of the Caricion davallianae • Alkaline fens • Austropotamobius pallipes (White-clawed Crayfish) Having regards to the lack of hydrological and ecological connectivity, then significant effects upon this site and its QIs can be ruled out. Table 1 – Natura 2000 Sites Within 15km of the Proposed Site Figure 5 – The Application Site (Red Dot) in relation to SPAs (Vertical Hatching) and SACs (Brown Areas) REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 18 Figure 6 – Application Site in Relation to Slieve Beagh SPA Slieve Beagh SPA 0004167 Site Synopsis and Conservation Objectives The Slieve Beagh SPA comprises much of the eastern and south-eastern sectors of the Slieve Beagh upland area that extends from County Monaghan into Northern Ireland. The site consists of mountain blanket bog, which is well developed at the higher altitudes, especially at Eshbrack (peak of 365m). In places the bog is cutover and there are also wet and dry heaths present. The mid-slopes are afforested, with plantations of various ages. The remainder of the site is rough or marginal grassland. Some of the old field systems support species-rich wet grassland vegetation dominated by soft rush. Several small dystrophic lakes are present within the site. This SPA is one of the strongholds for hen harrier in the country, representing over 1% of the all-Ireland total. However, when the Northern Ireland sector of Slieve Beagh is considered, there were a total of 10 breeding pairs in 2005. The mix of forestry and open areas provides optimum habitat conditions for this rare bird. The early stage of new and second-rotation conifer plantation are the most frequently used nesting sites, thought some pairs may still nest in tall heather of unplanted bog and heath. Merlin have also been recorded within the site, as have peregrine falcons. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 19 The NPWS have recently produced Site Specific Conservation Objectives (SSCOs) for this site1. These SSCOs are outlined below. Hen Harrier Circus cyaneus This SSCO of this species is to restore its favourable conservation condition in this SPA, which is defined by the following list of attributes and targets. Attribute Measure Target Population size Number of confirmed breeding pairs Maintain numbers at or above 3–4 confirmed breeding pairs Productivity rate Number of fledged young per confirmed pair Maintain at least 1.0–1.4 fledged young per confirmed pair Spatial utilisation by breeding pairs Percentage Maintain the spatial utilisation of the SPA by breeding pairs at 100% Extent and condition of heath and bog and associated habitats Hectares; condition assessment Maintain the extent and quality of this resource to support the targets relating to population size, productivity rate and spatial utilisation Extent and condition of low intensity managed grasslands and associated habitats Hectares; condition assessment Maintain extent and quality of this resource to support the targets relating to population size, productivity rate and spatial utilisation Extent and condition of hedgerows Kilometres; condition assessment Maintain the length and quality of this resource to support the targets relating to population size, productivity rate and spatial utilisation Age structure of forest estate Percentage across the forest estate Maintain an even and consistent distribution of age-classes Disturbance to breeding sites Level of impact Disturbance occurs at levels that does not significantly impact upon breeding hen harrier Table 2 – SSCOs for Hen Harrier Slieve Beagh Habitats The habitats within the SPA that are close to the application have been mapped by NPWS and are available for viewing on the Hen Harrier SPA Habitat Map. The closest habitats to the application site that are included in the SPA are shown in Figure 7. 1 NPWS (2022) Conservation Objectives: Slieve Beagh SPA 004167. Version 1. National Parks and Wildlife Service, Department of Housing, Local Government and Heritage REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 20 Figure 7 – The Application Site (Outlined in Red) in relation to Slieve Beagh SPA REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 21 POTENTIAL EFFECTS UPON SLIEVE BEAGH SPA As part of this assessment, potential significant negative effects upon Slieve Beagh SPA and its Special Conservation Interest, i.e., the hen harrier have been considered. In the Natura 2000 Standard Data Form for this site (updated September 2017 by NPWS), the main threats and pressures to this site and its Special Conservation Interests were listed. These are summarised in Table 2. Threat / Pressure Pressure Rank Inside / Outside Co1.03 - Peat Extraction Medium Level Inside Do1.02 - Roads / Motorways Low Level Inside D01.01 - Paths and Tracks Low Level Inside Table 2 – NPWS Identified Threats and Pressures in Slieve Beagh SPA An assessment of the main threats facing this species itself was garnered from the most recent NPWS Article 12 report (2009). This report lists the main threats and pressures on this species as follows: • Forest planting on open ground – High Importance • Forest and plantation management and use - High Importance • Modification of cultivation practices - High Importance • Renewable abiotic energy use – Medium Importance • Fire and fire suppression – Low Importance • Mining and quarrying- Low Importance • Hunting and collection of wild animals - Low Importance • Other ecosystem modifications - Low Importance The proposed development will not lead to any of the above effects upon the Slieve Beagh SPA. There will be no habitat loss or habitat alteration within the SPA that could lead to negative impacts upon the hen harrier. There will be no changes in land-use within the SPA or modification of farming practices within the SPA arising from the proposed development. Significant effect upon the Slieve Beagh SPA will not arise from the proposed development, including the retention element. REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 22 3.4 I MPACT ASSESSMENT The potential significant effects of the proposed development (including retention element) on the Slieve Beagh SPA are described below. Describe the individual elements of the project (either alone or in combination with other plans or projects) likely to give rise to impacts on nearby Natura 2000 site: The retention and proposed construction and operation of the works in Knocknageeha, including the provision of services (Electricity, water etc) to it, will have no significant effects upon the integrity or the site structure of the designated sites identified, most notably the Slieve Beagh SPA. There are no individual elements of the development that are likely to give rise to negative impacts on these aforementioned sites or species associated with these sites. Describe any likely direct, indirect or secondary impacts of the project (either alone or in combination with other plans or projects) on the nearby Natura 2000 sites by virtue of: Size and scale: Having regards to the small size and scale of the development in relation to the overall size of the designated sites identified, then the likelihood of any direct, indirect or cumulative impacts on these designated sites arising from the construction and operation of the proposed development is low. Land-take: There will be no land-take from any designated site. There will be no interference with the boundaries of any designated site. Distance from Natura 2000 site or key features of the site: The closest designated site to the application site is the Slieve Beagh SPA and this is adjacent to the application site. In this instance, given the inert nature of the development at an existing domestic dwelling site, this distance is sufficient to ensure that no significant effects will arise on this site or its species. Resource requirements (water abstraction etc.): No resources will be taken from any Natura 2000 site and there are no resource requirements that will impact the Slieve Beagh SPA or any other designated site. Emissions: Neither the construction nor the operation of the proposed development will result in any emissions to the identified Natura 2000 sites. There are no designated sites downstream of the application site or the River Blackwater. Wastewater from the house will continue to be directed to an existing septic tank that has been deemed fit for purpose. Noise can also be considered an emission and the main noise generated will be during the construction works associated with the development, i.e., ground-breaking diggers, excavation works, cement mixers, reversing lorries etc. The noise generated on site is unlikely to reach any REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 23 significant level within the SPA or at the breeding sites of the hen harrier. It will not have any impact upon the species breeding in the SPA and it will not affect the integrity of the SPA. Excavation requirements: Excavated material from the construction will be used on site. Any remaining will be disposed of in a responsible manner in a licensed facility away from any designated sites. Transportation requirements: There will be no additional transportation requirements resulting from the proposed development and associated works that will have any impact upon the Natura 2000 sites identified. In-Combination / Cumulative Impacts: The planning portal of the Monaghan County Council website was examined for information pertaining to other developments pending or granted within the Knockatallon area in the last five years. A number of other developments have been granted permission in this time. Any individual application that has the potential to impact upon a Natura 2000 site will be subject to Appropriate Assessment as required under Articles 6(3) of the Habitats Directive. Overall, housing density in Knockatallon and the surrounding townlands is at a low – medium level. All houses in the area are serviced by either by the Knockatallon WWTP or by private septic tanks or treatment plants. Owners of these systems are required to properly operate and maintain their systems as required under the Water Services Act, 2007 and Water Services (Amendment) Act 2012. There will be no cumulative impacts arising from the operation of the proposed development along with the operation of properly maintained septic tanks / treatment plants. Under the Water Services (Amendment) Act 2012, a nationwide programme of inspection of septic tanks/treatment plants has been initiated in order to identify inadequate septic tanks and treatment systems. This programme will help to reduce the impacts from inadequate septic tanks / treatment systems on local ground and surface water quality. Duration of construction, operation, decommissioning etc: Once construction begins, it should be complete within one year. Describe any likely changes to the nearby Natura 2000 sites arising as a result of: Reduction of habitat area: The proposed development lies outside the boundaries of the Natura 2000 sites identified in Section 3.3. There will be no reduction of designated habitat area or habitats used by the hen harrier. There will be no interference with the boundaries of any designated site. There are no habitats of biodiversity value within the application site. Disturbance to key species: As detailed in Section 3.2, there are no suitable habitats within the application site for breeding hen harriers. Unimproved grassland is the main natural habitat within the application site and this does not support breeding hen harriers. There will be no disturbance to hen harriers, merlin or peregrine falcon arising from the proposed application. The provision of services to the site (i.e., water, electricity, telephone) and their associated infrastructure will not pose any threat to these species as the habitats within the application site do not support habitat REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 24 that is used by these species. The birds may occasionally fly over the site, but the wires delivering the services to the proposed dwelling will not pose any threat to the life of these birds. The wires will be at standard heights, the same as all other dwellings that are in the area. Habitat or species fragmentation: There will be no habitat or species fragmentation within the Slieve Beagh SPA. There will be no habitat loss within the application site that will impact upon protected bird species such as the hen harrier, the merlin or the peregrine. Reduction in species density: There will be no reduction in species density of hen harrier within the Slieve Beagh SPA. Changes in key indicators of conservation value (water quality etc.): There will be no negative impacts upon surface or ground water quality within any designated site. There will be no impacts on water quality within the Blackwater River. Describe any likely impacts on the nearby Natura 2000 sites as a whole in terms of: Interference with the key relationships that define the structure or function of the site: It is not considered likely that there will be any impacts on the key relationships that define the structure or function of the Natura 2000 sites identified. Provide indicators of significance as a result of the identification of effects set out above in terms of: Loss - Estimated percentage of lost area of habitat: None Fragmentation: None Disruption & disturbance: None Change to key elements of the site (e.g. water quality etc.): None REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 25 3.5 FINDING OF NO SIGNIFICANT EFFECTS Finding of No Significant Effects Report Matrix Name of project Retention permission for (i) Demolition of existing dwelling and associated outbuilding(s) (ii) Construction of foundations for new dwelling and part commencement of new walls. Full permission for the (i) Erection of a new two storey dwelling and detached domestic garage/outbuilding, previously granted as extension to existing dwelling (now demolished) under permission 24/60308 (ii) Upgrade of existing WWTs (iii) Use existing entrance onto public road and (iv) New landscaping and (v) All associated worksat Knocknageeha, Knockatallon, Co. Monaghan. Name and location of Natura 2000 site The site is adjacent to the Slieve Beagh SPA Description of project A small scale domestic development Is the project directly connected with or necessary to the management of the site? No Are there other projects or plans that together with project being assessed could affect the site? No The Assessment of Significance of Effects Describe how the project is likely to affect the Natura 2000 site Having regard to the location, nature and scale of the proposed development, it is considered that there is no potential for significant effects either from the proposed development on its own or in combination with other plans and projects. Explain why these effects are not considered significant Not applicable as there is no potential for negative effects Describe how the project is likely to affect species designated under Annex II of the Habitats Directive. No effects likely Data Collected to Carry out the Assessment Who carried out the assessment Noreen McLoughlin, MSC, MCIEEM. Consultant Ecologist Sources of data NPWS, EPA, National Biodiversity Data Centre, Monaghan County Council Level of assessment completed Stage1 Appropriate Assessment Screening Where can the full results of the assessment be accessed and viewed Full results included REC E I V E D : 0 2 / 0 7 / 2 0 2 6 APPROPRIATE ASSESSMENT (STAGE I) OF A PROPOSED DEVELOPMENT IN KNOCKATALLON, CO. MONAGHAN 26 4 A PPROPRIATE ASSESSMENT C ONCLUSION In accordance with Article 6(3) of the Habitats Directive, the relevant case law, established best practice and the precautionary principle, this AA Screening Report has examined the details of the project in relation to the relevant Natura 2000 sites within 15km of the application site. At this stage of the AA process, it is for the competent authority, i.e., Monaghan County Council, to carry out the screening for AA and to reach one of the following determinations: a) AA of the proposed development is required if it cannot be excluded, on the basis of objective information, that the proposed development, individually or in combination with other plans or projects, will not have a significant effect on any European sites; b) AA of the proposed development is not required if it can be excluded, on the basis of objective information, that the proposed development, individually or in combination with other plans or projects, will not have a significant effect on any European sites. It is of the opinion of the author that an AA of the proposed development is not required as it can be excluded, on the basis of objective information provided in this report, that the proposed development, individually or in combination with other plans or projects, will not have a significant effect on any European sites. __________________________________ Noreen McLoughlin, MSc, MCIEEM. Ecologist. (PI Insurance details available on request) REC E I V E D : 0 2 / 0 7 / 2 0 2 6