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Dáil Éireann debate -
Tuesday, 4 Mar 1997

Vol. 475 No. 7

Written Answers. - Special Areas of Conservation.

Tony Killeen

Question:

101 Mr. Killeen asked the Minister for Arts, Culture and the Gaeltacht the guidelines that have been issued to local authorities regarding applications for planning permission in special areas of conservation; the discussions that have been held with planners; and how such applications will be processed. [5826/97]

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.

Brendan Smith

Question:

102 Mr. B. Smith asked the Minister for Arts, Culture and the Gaeltacht the townlands, if any, in County Cavan which have been designated as special areas of conservation. [5952/97]

I am arranging to have the list of sites for designation as special areas of conservation in County Cavan, together with maps indicating their location, forwarded to the Deputy by the National Parks and Wildlife Service of my Department.

Joe Walsh

Question:

103 Mr. J. Walsh asked the Minister for Arts, Culture and the Gaeltacht if he will index link payments under the special areas of conservation agreement; and if he will make a statement on the matter. [6059/97]

Farmers and other landowners who suffer losses in income as a result of the designation of special areas of conservation, SACs, can seek compensation through one of two alternative schemes.

First, supplementary payments will be available to farmers in SACs who opt to join the rural environment protection scheme, REPS, administered by the Department of Agriculture, Food and Forestry. The REPS payment system does not provide for indexation and it is not proposed to have indexation in the context of SAC payments under REPS.

In the case of landowners who are not participants in REPS or who do not propose to join the scheme, application may be made to my Department for direct compensation for actual losses incurred as a result of SAC designation. This scheme is based on the actual losses arising at any given time and thus the issue of indexation does not arise.
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