Spatial Planning and SAC's - A Review (2007)
The report is summarised below with the key findings, or you can download the full file.
This report looks at procedural aspects associated with the implementation of the Habitats Directive in Ireland in relation to the planning process. Deficiencies are highlighted which let us conclude that Articles 6(3) and 6(4) are not fully respected. This Review is particularly important given that to date, no specific data on planning decisions within SACs and SPAs has been compiled or processed by any public authority.
The key findings of the report are as follows:
• The lack of referrals by Local Authorities to prescribed bodies
On average, 74% of the planning applications in Natura 2000 sites were referred to
NPWS. Counties Clare and Wicklow have the highest rate of referral at 86% and 97%
respectively, while counties Donegal and Galway referred respectively 57% and 61% of
their planning applications within Natura 2000 sites to NPWS.
• The low response rate of the prescribed bodies
The reply rate from the NPWS varies between 53% in County Wicklow (closely
followed by Mayo and Galway at 52% and 49% respectively) to a very low 24% in
County Donegal and 22% in County Kerry.
• The abscence of reference to Natura 2000 sites when granting or refusing
planning consent
There are very few cases where a condition to grant a planning application is linked
directly to the fact that the site is situated within a Natura 2000 site. Designation as an
SAC or SPA was also only cited as the reason for refusal in 42 % of the 259 refusals.
The designation as an SAC or SPA was cited in 66% of the planning applications
refused in County Clare, which is the highest rate, while County Kerry cited Natura
2000 sites in only 17% of the applications refused. Counties Galway, Wicklow and
Mayo cited the Natura 2000 sites in more or less half the applications refused.
The small number of environmental assessments carried out and
inadequacy of same
On average 9% of the planning applications were accompanied by an environmental
assessment. Counties Galway and Clare have the highest record of environmental
assessments carried out, with 16% and 13% respectively, while County Kerry at 4% and
County Donegal at 2% lag substantially behind.
• Appeals brought to An Bord Pleanála
8% of the planning decisions within SACs and SPAs were appealed to An Bord
Pleanála throughout the six counties. Of the total appeals decided, 63% were refused
and 37% granted. In 50% of cases, the Board overturned the decision of the Planning
Authority by refusing to grant planning permission while 21% of the decisions originally refused by the Planning Authority were overturned by the Board (i.e.
granted).
The following are the key recommendations of this review:
• All planning applications within Natura 2000 sites should be referred to the
competent authorities
• Referrals should be sent in a timely manner
• The competent authorities should be obliged to respond to referrals, and
resourced accordingly
• Ecological assessments should be requested and carried out before a decision is
taken by the Planning Authority
• Environmental assessments should follow EPA guidelines
• The planner should compile a complete and comprehensive planning report
• The Department of the Environment should have a monitoring and enforcement
role ensuring improved compliance with Article 6 of the habitats Directive
• ‘Natura 2000 site Reports’ should be published by the National Parks and
Wildlife Service and should include all development pressures within sites
• A ‘Compliance Report’ should be published by the Planning Authority in
respect of each planning consent considered in a Natura 2000 site
These recommendations respond to the highlighted weaknesses which jeopardise the
integrity of conservation and protection of SACs and SPAs by strengthening the pillars
upon which favourable conservation status of protected species and habitats within
Natura 2000 sites can be reached and maintained: referrals to prescribed bodies, the
completion of appropriate assessments, and improved performance of planning
authorities and the Department of the Environment in fulfilling Article 6 obligations.