Dáil Éireann Debate, Tuesday - 26 March 2013
393. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if, in view of his central role in the IROPI planning process, his Department will proceed with an IROPI application for the Galway city outer bypass should the Court of Justice of the European Union find that the current application compromises the integrity of a special area of conservation. [15228/13]
View answerThe application to An Bord Pleanála for approval of this project was made prior to the commencement of Part XAB of the Planning and Development Act 2000 on 21 September 2011 and accordingly the relevant provisions in relation to appropriate assessment of this application are contained in the European Communities (Natural Habitats) Regulations, 1997. Under Regulation 30(5) of those Regulations An Bord Pleanála may, notwithstanding a negative assessment in relation to the effects on the integrity of a European site, where it is satisfied that there are no alternative solutions decide to agree to the proposed road development where the proposed road development has to be carried out for imperative reasons of overriding public interest. In accordance with Regulation 30(6) the reasons must include reasons of a social or economic nature and, if the site concerned hosts a priority natural habitat type or a priority species, the only considerations of overriding public interest may be:
(i) those relating to human health or public safety,
(ii) beneficial consequences of primary importance for the environment, or
(iii) further to an opinion from the European Commission to other imperative reasons of overriding public interest.
