Circular Letter PD 9/01
5 December 2001
Local Government (Planning and Development)
(Amendment) Regulations, 2001 (S.I. No. 539 of 2001)
&
European Communities (Environmental Impact Assessment)
(Amendment) Regulations, 2001 (S.I. No. 538 of 2001)
A Chara,
I am directed by the Minister for the Environment and Local Government
to enclose a copy of the Local Government (Planning and Development)
(Amendment) Regulations, 2001 (S.I. No. 539 of 2001) and a copy of the
European Communities (Environmental Impact Assessment)
(Amendment) Regulations 2001 (S.I. No. 538 of 2001).
The purpose of the Regulations is to facilitate compliance with the
European Court of Justice ruling of 21 September 1999 that the EIA
thresholds adopted by Ireland in relation to initial afforestation (70
hectares) and peat extraction (50 hectares) exceeded the discretion
available to Ireland under the EIA Directive (85/337/EEC) in that they did
not take account of the nature, location or cumulative effect of projects
below these thresholds.
The Regulations provide for transposition of a package of measures
agreed with the European Commission.
The combined effect of both Regulations is that initial afforestation is
being taken out of the planning control system, to coincide with the
introduction of a new statutory consent system by the Minister for the
Marine and Natural Resources. In addition, the mandatory EIA threshold
for forestry has been reduced from 70 hectares to 50 hectares while
provision has been made for the possibility of sub-threshold EIA where a
project is likely to have significant effects on the environment.
In the case of peat extraction, the mandatory EIA threshold has been
reduced from 50 hectares to 30 hectares while the planning threshold has
been reduced from 50 hectares to 10 hectares. In addition, amendments
have been introduced to the Wildlife (Amendment) Act, 2000 and the
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European Communities (Natural Habitats) Regulations, 1997 to allow for
the possibility of EIA for peat extraction in NHAs and SACs,
respectively, below the10-hectare planning threshold, where a project is
likely to have significant effects on the environment.
Both Regulations take effect on 10 December 2001. Planning authorities
should ensure that they give effect to these new provisions from that date.
Local Government (Planning and Development) (Amendment)
Regulations, 2001
The purpose of these Regulations is
(i) to remove initial afforestation from the planning control system, to
coincide with the introduction of a separate statutory consent system by
the Minister for the Marine and Natural Resources (under the
accompanying European Communities (Environmental Impact
Assessment) (Amendment) Regulations 2001), and
(ii) to reduce the planning threshold for peat extraction from 50 hectares
to 10 hectares.
Both provisions have been achieved through amendments to article 13 of
the 1994 Planning Regulations. It will be noted that the existing
paragraph (b) of that article (relating to initial afforestation) has been
deleted. As a consequence, the exemption for afforestation contained in
section 4(1)(a) of the 1963 Act means that, from 10 December 2001,
initial afforestation will be exempted development for the purposes of the
Planning Acts.
The existing 50-hectare threshold for peat extraction in paragraph (c) of
article 13 of the 1994 Planning Regulations has been reduced to 10
hectares. It should also be noted that a definition for peat extraction has
been included in article 3(3) of the 1994 Regulations. This clarifies that
peat extraction includes any related drainage works which are carried out
prior to the actual extraction of peat.
European Communities (Environmental Impact Assessment)
(Amendment) Regulations, 2001.
The Regulations comprise 5 separate Parts, as follows:
Part 1
This Part deals with preliminary matters such as commencement and
definitions (articles 1-3).
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Part 2
This Part provides for a reduction in the mandatory EIA threshold for
forestry, from 70 hectares to 50 hectares, and for peat extraction, from 50
hectares to 30 hectares (article 4).
Part 3
This Part provides for an amendment to the Wildlife (Amendment) Act,
2000 to allow for the possibility of EIA for peat extraction in NHAs
below the 10-hectare planning threshold (as provided for in the
accompanying Local Government (Planning and Development)
(Amendment) Regulations, 2001) where a project is likely to have
significant effects on the environment (article 5). The relevant Minister
here is the Minister for Arts, Heritage, Gaeltacht and the Islands.
Part 4
This Part provides for an amendment to the European Communities
(Natural Habitats) Regulations, 1997 to allow for the possibility of EIA
for peat extraction in SACs below the10-hectare planning threshold,
where a project is likely to have significant effects on the environment
(article 6). The relevant Minister here is the Minister for Arts, Heritage,
Gaeltacht and the Islands.
Part 5
This Part, which is divided into 3 Chapters, provides for a statutory
consent system for initial afforestation. The system will require the
approval of the Minister for Marine and Natural Resources for initial
afforestation (excluding planting within the curtilage of a house) (article
8). Article 10(1) provides for consultation with prescribed bodies
(including local authorities in the case of areas of special amenity) in
relation to key environmental sensitivities such as acidification of waters,
nature conservation, archaeology and amenity. Article 10(3) provides for
broader consultation and is intended to reflect current practice which
involves consultation over and above that provided for in article 10 (1) (in
relation to key environmental sensitivities) e.g. all forestry proposals over
25 hectares are currently circulated to local authorities.
In the light of local authorities’ broad responsibility in relation to
planning and sustainable development, including protection of the natural
and built environment, and also their pollution control functions,
particularly in relation to water quality issues, local authorities should put
in place appropriate consultation arrangements with relevant local offices
of the Forest Service of the Department of the Marine and Natural
Resources. These arrangements should seek to ensure effective
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consultation in relation to issues of concern to local authorities e.g.
landscape, acidification of waters, habitat conservation.
Article 11 provides for public consultation on afforestation proposals
which are the subject of consultation under article 10 (1).
Chapter 3 sets out detailed requirements in relation to Environmental
Impact Assessment. In particular, article 15 provides for mandatory EIA
above the new 50 hectare threshold while article 21 provides for the
possibility of sub-threshold EIA (below the 50 hectare threshold), where a
project is likely to have significant effects on the environment.
Any enquiries in relation to this circular letter may be made to the
undersigned or to Mr. Enda Casey (tel. 01 888 2321; e-mail:
enda_casey@environ.irlgov.ie).
Mise le meas,
___________________________
Frank Gallagher
Assistant Principal Officer
Planning Section
Tel: (01) 888 2592
e-mail: frank_gallagher@environ.irlgov.ie
To each Planning Authority and An Bord Pleanála
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