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Appropriate assessment of plans: Experience in Ireland

Appropriate assessment of plans: Experience in Ireland. Dr Julie Fossitt National Parks and Wildlife Service 1st October, 2009. Legal context. Currently no explicit legal requirement for AA of plans C-148/04: Commission vs Ireland (13 December 2007)

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Appropriate assessment of plans: Experience in Ireland

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  1. Appropriate assessment of plans:Experience in Ireland Dr Julie Fossitt National Parks and Wildlife Service 1st October, 2009

  2. Legal context Currently no explicit legal requirement for AA of plans C-148/04: Commission vs Ireland (13 December 2007) Birds Directive case - inadequate transposition and application of Article 6 … national legislation does not contain any provisions designed to ensure that plans, as opposed to projects, are assessed in accordance with Article 6(3) and 6(4) Interim measure Circular Letter SEA 1/08 & NPWS 1/08 – Appropriate Assessment of Land Use Plans Issued to local authorities on 15 February 2008 Available from: www.npws.ie - go to Publications

  3. Legal context Habitats Directive transposed through: European Communities (Natural Habitats) Regulations, 1997 (as amended) Also enact Birds Directive Principal Act – Wildlife Act, 1976 *New Habitats Regulations – in preparation **New Planning Bill – amending the Planning and Development Act, 2000

  4. Plan hierarchy • National Spatial Strategy • Regional Planning Guidelines • 8 regional authorities • 12-20 year plans • Development Plans • 88 planning authorities • Counties, cities, large towns • 6 year plans • Strategic Development Zones • Local Area Plans • [Variations to plans / guidelines] • Strategic frameworks • Landuse zoning

  5. Plans • Regional planning guidelines • Long-term strategic planning framework for development of region • Development plans or Local Area Plans • Overall strategy or framework for proper planning and sustainable development of plan area • Written statements with development objectives and policies • including for conservation and protection of European (Natura 2000) sites • Lower level plans must be consistent with higher level plans, policies and strategies • Must contain information on the likely significant effects on the environment of implementing the guidelines or plan • Consultation with prescribed bodies obligatory

  6. Structures • Department of Environment, Heritage and Local Government • Spatial Policy / Planning sections • - Local and regional authority plans • - Policy and guidance on plans and planning • National Parks and Wildlife Service • - Primary responsibility for implementing the Habitats and Birds Directives • - Statutory consultee on all plans • EPA (Environmental Protection Agency) • SEA • All plans and programmes

  7. Statistics No figures currently available for the numbers and findings of AA of plans EPA [numbers of Environmental Reports for plans/programmes] 2008 68 2009 17 (to Sept) DoEHLG – Spatial Policy [total number of plans received] 2008 166 2009 109 (to Sept) DoEHLG – DAU [Data not currently extractable]

  8. Appeals No statutory procedure for appealing plan adoption Minister can issue directions on Development Plans Mainly to correct problems Counties – Laois, Monaghan, Mayo Towns – Ennis, Castlebar [Directions to date not specifically related to AA]

  9. Judicial Review • Figures for the numbers of judicial reviews of plans not readily available • Judgements mainly made on procedural matters rather than on planning or environmental merits • Adare Local Area Plan (LAP) • Taken by landowners wanting zoning of their lands • Final LAP presented to elected members excluding zonings • Resolution passed, adopting plan but including zoning as modification • Resolution declared invalid by County Manager • Recommended adoption of unmodified final LAP • High Court found in favour of County Manager

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