Vol. 489 No. 2
135 Mr. Higgins (Dublin West) asked the Minister for Arts, Heritage, Gaeltacht and the Islands the extent to which landowners will be affected in terms of planning permission, land use and so on as a result of the newly designated special areas of conservation; and if she will make a statement on the matter. [7788/98]
The issue of planning permission is a matter for the relevant local authority. The European Communities (Natural Habitats) Regulations, 1997 (SI No. 94 of 1997), which transpose the EU habitats directive into Irish law, provide that when considering an application for planning permission in an SAC, a local authority shall ensure that an appropriate assessment of the implications for the site in view of the site's conservation objectives is undertaken.
Having regard to the result of such an assessment, the local authority may decide to grant permission for the proposed development or to refuse permission.
Where there is a negative assessment and in the absence of alternative solutions, a local authority may still decide to grant planning permission for a proposed development where such development has to be carried out for reasons of overriding public interest.
If the SAC site in question hosts a priority natural habitat type or a priority species, the only considerations of overriding public 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.
