A6 Londonderry to Dungiven dualling - Habitats Regulations Assessment (HRA)

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Overview of HRA procedure

Habitats Regulations Assessment (HRA) is required when any plan or project, either alone or in combination with other plans or projects, is likely to have a significant effect on a designated ecological European site. European sites are defined as Special Areas of Conservation (SACs) designated under the Habitats Directive (92/43/EEC), or Special Protection Areas (SPAs) designated under the Birds Directive (2009/147/EC) (the codified version of Council Directive 79/409/EEC (as amended)). SACs and SPAs are collectively known as Natura 2000 sites.

The requirement to undertake a Habitats Regulations Assessment stems from Article 6, paragraphs (3) and (4) of the Habitats Directive (92/43/EEC), transposed into national [Northern Ireland] legislation by Articles 43 and 44 of The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 SR 380.

Habitats Regulations Assessment is a staged procedure, entailing up to four possible sequential stages. The assessment guidelines are set out in the publication ‘Assessment of plans and projects significantly affecting Natura 2000 sites’ (EC, November 2001).

Stage 1 - Screening

Stage 1 (otherwise termed a Test of Likely Significance) is a Screening process, which identifies the likely impacts upon a Natura 2000 site from a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts are likely to be significant. If a straightforward ‘no significant effects’ cannot be concluded, then following the precautionary principle, a Stage 2 Appropriate Assessment is necessary.

Stage 2 - Appropriate Assessment

Stage 2 entails undertaking what is termed an ‘Appropriate Assessment’ (AA), which is 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 is made. The Design Manual for Roads and Bridges (DMRB) Volume 11, Section 4,

Part 1 HD 44/09 outlines how information collected and considered in relation to this stage of the assessment process, should culminate in the preparation of a statement to inform the appropriate assessment (SIAA). This draft document should then be used for consideration by the relevant Competent Authority (in this case the Department for Regional Development) and stakeholder consultation. When all the relevant information has been carefully considered and assessed, then the Competent Authority can make a decision and make the ‘Appropriate Assessment’ as described in the Habitats Directive.

Stage 3 - Assessment of Alternative Solutions

Stage 3 is an Assessment of Alternative Solutions; the process which examines alternative ways of achieving the 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

Stage 4 is an Assessment where no alternative solutions exist and where adverse impacts remain. It is an assessment of compensatory measures where, in the light of an assessment of Imperative Reasons of Overriding Public Interest (IROPI), it is deemed that the project or plan should proceed.

Statement to inform the appropriate assessment reports

Development of the scheme was carried out in two parts:

Section 1 - 15 kilometres between Londonderry and Claudy
Section 2 - 15 kilometres kilometres between Claudy and Dungiven

The following reports have been produced to date:

Appropriate Assessment (AA)

The Departments AA decision was published as part of the Departmental Statement in February 2016 (paragraph 7.4.4 & 8.2.4):

A6 Londonderry to Dungiven Departmental Statement

Updated August 2017

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