Special Protection Areas Designation

Dáil Éireann Debate, Thursday - 30 April 2015

Thursday, 30 April 2015

Questions (28)

Michael Fitzmaurice

Question:

28. Deputy Michael Fitzmaurice asked the Minister for Arts, Heritage and the Gaeltacht if she has met, and is working with, the Department of the Environment, Community and Local Government on behalf of farmers whose lands are designated and who are being prevented from stock-proofing their land by replacing old and damaged fences as a result of regulations introduced by her Department and the Department of the Environment, Community and Local Government in 2011; if she is aware that farmers have paid out sums in the region of €4,000 for the various assessments and planning permissions and still have not secured permission to stock-proof their farms; that in some instances farmers are being prevented from stock-proofing their lands adjacent to public roads, which could result in accidents causing injuries or fatalities; the plans in place to permit these farmers to immediately stock-proof their farms; and if she will make a statement on the matter. [16849/15]

Written answers

Minister for Arts, Heritage and the Gaeltacht

I understand that under Planning and Development legislation, which is the responsibility of my colleague, the Minister for Environment, Community and Local Government, the type of fencing described is generally considered to be exempted development but that if an environmental impact assessment or an appropriate assessment of the development is required, it would not be considered exempted.

Furthermore, regulation 31 of the European Communities (Birds and Natural Habitats) Regulations 2011 sets out a process to be followed by my Department when it receives an application for consent to carry out an activity, such as fencing, within a European site (SAC or SPA). In such cases where it is believed that the activity may not be an exempted development under the Planning and Development Acts due to, for example, a requirement to undertake an appropriate assessment, or where the activity would be likely, individually or in combination with other plans or projects, to have a significant effect on a European site or NHA, my Department must refer the application to An Bord Pleanála for a determination as to whether it relates to an activity that falls to be considered under planning law. Where it is determined that the application falls to be considered under planning law, my Department is prohibited from making a decision on the application.

Ireland, like all EU Member States, is bound by the requirements of the Birds and Habitats Directives. This is a legal obligation and a number of EU Member States, including Ireland, have been subject to adverse judgements of the Court of Justice of the EU in relation to failures to fully comply with the Directives. Consent for a plan or project can only be provided after it has been ascertained that the plan or project will not adversely affect the integrity of a European site.