In accordance with the Planning and Development legislation, where, notwithstanding a determination that a proposed development will adversely affect the integrity of a European site (Special Areas of Conservation and Special Protection Areas), and in the absence of alternative solutions, where a competent authority (in this instance An Bord Pleanála) considers that consent should nevertheless be given for the proposed development for imperative reasons of overriding public interest (IROPI), that authority may make such a case to the Minister for the Environment, Community and Local Government. One of the key requirements of the case to be made under IROPI is to propose the compensatory measures that are necessary to ensure that the overall coherence of the Natura 2000 network is protected.
As part of this process, the Minister for the Environment, Community and Local Government is required to request my views, as Minister, as to whether the proposed compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.
In relation to the proposed Galway Harbour extension case, it is my understanding that An Bord Pleanála has not yet submitted a case to the Minister for the Environment, Community and Local Government. The Board recently consulted with my Department in accordance with section 37F of the Planning and Development Act with regard to preliminary compensatory proposals under the IROPI process in relation to the proposed harbour extension project. My officials returned observations to the Board on 27 May. It is now a matter for the Board to continue the application process in accordance with its role under the planning law.
In providing observations to An Bord Pleanála in relation to the preliminary compensatory proposals, my Department had regard to the European Commission’s “Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC”, as well as the “Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities ”, Department of Environment, Heritage and Local Government (2009). It is expected that An Bord Pleanála and the applicant would also have regard to these guidance documents as part of the process.
As this matter is a live planning application, it would not be appropriate for me to comment further at this time.
