Transcript The Bridge - levett

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: www.npws.ie - 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
12-20 year plans
Strategic
frameworks
• Development Plans
88 planning authorities
Counties, cities, large towns
6 year plans
• Strategic Development Zones
Landuse zoning
• Local Area Plans
[Variations to plans / guidelines]
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
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
Statistics
No figures currently available for the numbers and findings of AA of plans
EPA
[numbers of Environmental
Reports for plans/programmes]
DoEHLG – Spatial Policy
[total number of plans received]
2008
2008
68
2009
17
(to Sept)
166
2009
109
(to Sept)
DoEHLG – DAU
[Data not currently extractable]
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]
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