Dáil Éireann Debate, Tuesday - 28 November 2023
321. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage if he has proposals to amend planning laws to permit the excavation of peat for horticulture purposes in tandem with efforts to determine alternatives to the use of peat by the sector; and if he will make a statement on the matter. [52104/23]
View answerUnder the Planning and Development Act 2000, as amended, (the 2000 Act) all development, unless specifically exempted under the Act or associated Planning and Development 2001 Regulations (the 2001 regulations), requires planning permission.
Under the 2001 Regulations, peat extraction:
(i) in a new or extended area of less than 10 hectares or
(ii) in a new or extended area of 10 hectares or more, where the drainage of the bog land commenced prior to 21 January 2002,
is exempted development.
This exemption is subject to a restriction at Section 4(4) of the 2000 Act, whereby that exempted development status is lost if an Environmental Impact Assessment (EIA) under the EU EIA Directive or Appropriate Assessment (AA) under the Habitats Directive is required in respect of that development.
Peat extraction involving a new or extended area of 30 hectares or more requires an EIA and therefore planning permission.
Peat extraction of an area of greater than 50 hectares requires both planning consent from a planning authority or An Bord Pleanála, and Integrated Pollution Control (IPC) licensing from the Environmental Protection Agency (EPA), both of which regimes require EIA to be carried out by the respective competent authorities (i.e. planning authority and the EPA) and also AA if relevant.
As the current legislative framework is both legally fit for purpose and proportionate to the environmental impacts of industrial peat extraction, there are no plans to amend the planning laws in this regard.
