The Bridge by sdfwerte


									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)

 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: - go to Publications
                       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
                      Plan hierarchy

• National Spatial Strategy

• Regional Planning Guidelines
          8 regional authorities         frameworks
          12-20 year plans

• Development Plans
         88 planning authorities
         Counties, cities, large towns
         6 year plans

• Strategic Development Zones
                                          Landuse zoning
• Local Area Plans

[Variations to plans / guidelines]

• 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

• Must contain information on the likely significant effects on the environment
of implementing the guidelines or plan

• Consultation with prescribed bodies obligatory

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
No figures currently available for the numbers and findings of AA of plans

EPA                                      DoEHLG – Spatial Policy
[numbers of Environmental                [total number of plans received]
Reports for plans/programmes]

2008     68                              2008      166

2009      17                             2009      109
(to Sept)                                (to Sept)

                                         DoEHLG – DAU
                                         [Data not currently extractable]

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]
                      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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