Transcript The Celtic Tiger Ireland's Economic Miracle Explained

Planning Permission Process
and Procedures
Requirement for Planning Approval
 Content of Environmental Impact Statement
 Planning Approval Procedure
 Planning Decision
 Oral Hearing
 Areas of Public Involvement
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Requirement for Planning Approval / Permission
from An Bord Pleanala
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Where Environmental Impact Statement (EIS) required for
development by/on behalf of Local Authorities, Planning
Approval / Permission is sought from An Bord Pleanala
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EIS required under Planning Regulations for development
comprising:
“Waste disposal installations for the incineration or chemical treatment as defined in
Annex 11A to Directive 75/442/EEC under heading D9, of non-hazardous waste with a
capacity exceeding 100 tonnes per day”
(Item 10 of Part 1 of Schedule 5 of Planning and Development Regulations, 2001)
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Content of Environmental Impact Statement

Description of the development, remedial measures, alternatives considered,
methodologies, baseline studies and impact assessment
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Aspects of the Environment to be Considered /Assessed
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Human Beings: Community Aspects, Demographic Aspects, Employment
Flora and Fauna: All ecological aspects
Soil
Water: Natural water bodies, ground water, water supply and drainage
Air: Noise, Vibration, Light, Air Quality (pollution), Odour
Climate: Microclimate
The Landscape: Visual impacts
Material Assets: Traffic, Property, Architectural Heritage, Archaeology and Cultural
Heritage
Inter-relationships of all the above
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Planning Approval Procedure
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Prior to lodgement of application and EIS with An Bord Pleanala, Dublin City
Council / applicant to publish notice in newspaper
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Notice shall:-
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Describe proposed development and location
State that approval is being sought for the development from An Bord Pleanala
State that an Environmental Impact Statement has been prepared in respect of the
development
Outline times, places and period in which the EIS may be inspected by the public free
of charge, or a copy purchased (may not be less than 6 weeks)
Invite the making of submissions or observations in writing to An Bord Pleanala in the
display period (may not be less than 6 weeks)
Submissions / observations may relate to:
- implications of the development for proper planning and sustainable development of
the area, e.g. potential incompatibilities with established nearby land uses or nearby
proposed land uses
- likely impacts of the development on the environment
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Planning Approval Procedure
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Prior to lodging application and EIS, Dublin City Council must send a copy of
application and EIS to “prescribed authorities” along with notice stating that
submissions or observations may be made in writing to ABP during a specified
time
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“Prescribed Authorities” to be sent application and EIS depends on location
and likely predicted impacts and implications of proposed development. May
include among others:
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An Taisce
Bord Failte Eireann
The Minister for Arts, Heritage, Gaeltacht and the Islands
The Heritage Council
Regional Authority
National Roads Authority
Dublin Transportation Office
Environmental Protection Agency
Health Board
Minister for the Marine and Natural Resources
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Planning Approval Procedure
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An Bord Pleanala may require Dublin City Council to submit further
information in relation to the effects on some aspect of the the
environment
If An Bord Pleanala consider further information contains significant
additional information they must require Dublin City Council to
publish a further notice in newspaper (details in notice generally as
before)
Further information shall be placed on further display for a period of
not less than 3 weeks
Further submissions / observations in writing in relation to the further
information may be made to An Bord Pleanala in this period (not less
than 3 weeks)
Copy of the further information also to be sent to any prescribed
bodies formerly notified and further submissions invited
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Planning Approval Procedure

An Bord Pleanala may request EPA to make observations in relation to
the development and the EIS submitted - ABP must have regard to
these observations
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An Bord Pleanala may hold an oral hearing - at the discretion of An
Bord Pleanala
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Planning Approval Procedure
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Before making a decision An Bord Pleanala shall consider the
following:- the EIS submitted
- any submissions / observations lodged
- any further information lodged
- the report and any recommendations of the person conducting the oral
hearing and Inspector assessing application
All in respect of:- likely effects on the environment
- likely consequences for the proper planning and sustainable development of
an area
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Planning Approval Procedure
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When considering the consequences for the “proper
planning and sustainable development” An Bord Pleanala
must have regard to:- the provisions of the development plan for the area
- the provisions of any special amenity area order relating to the area - none in
this case
- where relevant the policies of the Government, the Minister or any other
Minister of the Government - in this case any National or Regional Policy on
waste
- the provisions of the Planning Acts and Regulations
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Planning Approval Procedure
Oral Hearing
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If An Bord Pleanala decides to hold an Oral Hearing it shall serve notice on
the applicant and any persons / bodies which have made submissions /
observations - time and venue
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An Bord Pleanala will assign a person to conduct the Oral Hearing - Planning
Inspector of An Bord Pleanala
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Person conducting Oral Hearing shall have discretion as to how it will be
conducted. The persons shall
- conduct hearing without undue formality
- decide the order of appearance of people at the hearing
- permit any person to appear in person or be represented by another person
- hear a person other than a person who has made written submissions where it is
considered appropriate in the interests of justice to allow that person to be heard
- Inspector will usually allow cross-examination
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Planning Approval Procedure
Planning Decision
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Planning Decision: An Bord Pleanala may
- Approve a development
- Approve a development subject to conditions
- Refuse permission for development
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Where An Bord Pleanala approves a development subject to conditions
it may not
- Attach conditions which would control emissions from the operation of the
activity or following the cessation of the activity
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Where An Bord Pleanala refuses permission it must give reasons for
doing so. It may refuse permission if An Bord Pleanala considers the
development is unacceptable on environmental grounds (may also
refuse permission for range of other planning reasons)
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Planning Approval Procedure
Issue of Decision
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No specified time period in which An Bord Pleanala obliged to make a
decision - usually aim to determine application in 18 weeks from receipt of last
submission lodged on foot of public notice invitation
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A Planning Inspector working for An Bord Pleanala assesses application, EIS,
holds oral hearing and makes recommendation to the members of An Bord
Pleanala
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Members will vote on application having regard to detailed recommendation
of Inspector - majority vote carries the decision.
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An Bord Pleanala is final arbiter on planning matters - only further route for
overturning decision of ABP is by way of judicial review on procedural/legal
grounds
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Planning Approval Procedure
Potential Areas of Public Involvement
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Definite opportunity to make submissions / observations in writing to An Bord
Pleanala following publication of newspaper notice, during initial display
period (not less than 6 weeks)
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Potential opportunity to make submissions / observations in writing to An
Bord Pleanala if significant further information submitted and further notice
given in newspaper (not less than 3 weeks - submissions on further
information)
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Potential opportunity to make oral submission to An Bord Pleanala in the
event that an Oral Hearing is held
- Where a person has already made a written submission they shall be permitted to
make an oral submission
- Where a person has not already made a written submission the Inspector will allow
that person to make an oral submission if it is considered to be in the interests of justice
to do so
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