My Department has had consultations with Fingal County Council in relation to this proposed project, which, I understand, would fall to be considered by An Bord Pleanála. The Department of Environment, Community and Local Government may also have a function if a foreshore consent is required (a function previously exercised by the former Department of Agriculture, Food and Fisheries), but no consultations have taken place between the Departments in relation to this project at this stage.
Public authorities, when considering applications for consent, must consider potential impacts on sites proposed for designation, or designated, as Special Areas of Conservation or Special Protection Areas. This is required under Article 6 of the Habitats Directive, as transposed through the Planning and Development Acts, for planning consents and through the European Communities (Birds and Natural Habitats) Regulations for all other consents. There is a legal obligation on the relevant authority to screen for, and subsequently carry out, where required, an appropriate assessment.
Following the appropriate assessment, it may be determined that the proposed works are acceptable, if they do not adversely affect the integrity of the site. The undertaking of an appropriate assessment can also serve to inform consent authorities of suitable mitigation measures that can be applied to consents in order to remove any danger to protected sites.
