Dáil Éireann debate -
Tuesday, 4 Feb 2003

Vol. 560 No. 3

Written Answers. - Special Areas of Conservation.

Dan Boyle

Question:

437 Mr. Boyle asked the Minister for the Environment and Local Government if he will review the exclusion of lands from the special area of conservation at Clonakilty Bay, as the appeal report form states that the exclusion was recommended not on scientific grounds but on commercial grounds to facilitate the widening of a road to service adjacent lands proposed for rezoning for high density holiday homes; and if he will make a statement on the matter. [2789/03]

Dan Boyle

Question:

438 Mr. Boyle asked the Minister for the Environment and Local Government if the boundaries of the SAC at Clonakilty Bay were changed to allow development of a roadway to service adjacent lands rezoned for high density holiday homes; and if he will make a statement on the matter. [2790/03]

Minister for the Environment and Local Government (Mr. Cullen)

I propose to take Questions Nos. 437 and 438 together.

My Department has recently reviewed the site boundary for the candidate special area of conservation, cSAC, No. 000091 known as Clonakilty Bay, and concluded that a minor amendment to the boundary, to exclude a strip five metres wide along the line of the existing road, would have no significant impact on the conservation status of the cSAC. At no point in this assessment process were commercial considerations taken into account. The landowner requested a boundary change on safety grounds, to facilitate improvements to the road, which were also provided for in the Cork County development plan. However, the possibility of adjusting the boundary was considered by Dúchas on scientific grounds, and following surveillance, having regard to the nature of the habitats immediately adjoining the existing road. These were mainly grassland, included originally in the site only because the road was selected as the boundary. Roads are regularly used as boundaries for sites designated for nature conservation purposes as they provide clearly identifiable boundaries on the ground and on maps.

Dan Boyle

Question:

439 Mr. Boyle asked the Minister for the Environment and Local Government the guidance being provided to county managers on the legal status of special areas of conservation and special protection areas; the grounds on which boundaries can be changed; and if he will make a statement on the matter. [2791/03]

Minister for the Environment and Local Government (Mr. Cullen)

The European Communities (Natural Habitats) Regulations 1997, under which both special areas of conservation, SACs, and special protection areas, SPAs, are designated, require notification to the planning authority concerned in relation to proposed designations. In practice, relevant planning authorities are invited by my Department to comment on all such proposals.

In addition, Part IV of the above regulations sets out detailed provisions regarding the application of planning legislation to SACs and SPAs. The arrangements affecting local authorities are now well established but my Department will bear in mind the possibility of reminding planning authorities of them in the context of updated advice on development control.

Boundary amendments may be made to include or exclude land from designated nature conservation sites. The boundary of a site proposed for designation as an SAC or SPC may be amended to exclude land only on scientific grounds, and where the proposed amendment would have no significant impact on the integrity of the overall site or the conservation values for which it is designated.