Appropriate assessment derives from the Habitats Directive (92/43/EEC), which safeguards the long-term survival of Europe’s most threatened and valuable species and habitats. The geographical areas of particular importance to these species and habitats have been selected as Special Areas of Conservation (SAC) and Special Protection Areas (SPA) which are collectively referred to as European sites. Together, these sites comprise the pan-European Natura 2000 network of protected areas.
A measure to protect these areas is the requirement that every project must undergo an assessment of its implications for any European site before consent for the project is given. Consent for the project can only be given after determining that it will not adversely affect the integrity of the sites concerned in view of the conservation objectives of that site.
In order to determine if an appropriate assessment is required, a screening process must be carried out for all planning permission applications.
The Habitats Directive (92/43/EEC) and the associated Birds Directive (2009/147/EC) are transposed into Irish legislation by Part XAB of the 2000 Act and the Birds and Natural Habitats Regulations 2011. The legislative provisions for appropriate assessment screening for planning applications are set out in Section 177U of the 2000 Act.
The purpose of the AA Screening is to determine, on the basis of a preliminary assessment and objective criteria, whether a plan or project, alone and in combination with other plans or projects, could have significant effects on a Natura 2000 site in view of the site’s conservation objectives. The need to apply the precautionary principle in making any key decisions in relation to the tests of AA has been confirmed by case law at the European Court of Justice.
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