The European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997) provide that local authorities and An Bord Pleanála shall, when considering an application for planning permission in respect of a development that is likely to have a significant effect on a special area of conservation, SAC, or a special protection area, SPA, or an appeal on such an application, ensure that an appropriate assessment of the implications for the site in view of the site's conservation objectives is undertaken.
Where there is a negative assessment of the implications for the site of the proposed development, a local authority or An Bord Pleanála may decide to grant planning permission only for reasons of overriding public interest.
In the case of a site hosting a habitat defined as a "priority habitat" in the EU habitats directive, the only considerations of overriding interest shall be: those relating to human health or public safety; beneficial consequences of primary importance for the environment; or further to an opinion from the European Commission, other imperative reasons of overriding public interest.
For sites not hosting priority habitats, "imperative reasons of overriding public interest" shall include reasons of a social or economic nature.
Formal guidelines will be issued shortly by my Department to planning authorities and to An Bord Pleanála.
My Department has held four information sessions — in Cork, Athlone, Cavan and Dublin — to which local authority planners were invited in order to explain the implications of SAC designation. Further such sessions are being arranged.