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Planning Issues

Dáil Éireann Debate, Wednesday - 16 September 2020

Wednesday, 16 September 2020

Questions (59)

Gerald Nash

Question:

59. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if the promoters of a development (details supplied) in Warrenpoint, County Down were obliged to notify Louth County Council of this development under transnational planning regulations; and if he will make a statement on the matter. [24368/20]

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Written answers

The Environmental Impact Assessment (EIA) Directive (2011/92/EU), as amended by Directive 2014/52/EU, and the UN Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) both set out the obligations of Member States/Parties to assess the environmental impact of certain activities or proposed development at an early stage of planning. They also lay down the general obligation of States to notify and consult other States on all major projects under consideration that are likely to have a significant adverse transboundary environmental impact.

Under the EIA Directive and the Espoo Convention, “the Party of Origin” (the State in which the proposed development or activity is situated), is required to notify and consult with “Affected Parties” (adjacent/neighbouring States), where it considers that a proposed development or activity is likely to have significant adverse transboundary impacts. The Party of Origin then has to provide the public in the other State(s) with the opportunity to participate in a transboundary environmental public consultation on the proposed development or activity. This involves the Party of Origin making the relevant environmental information available to the other States and accepting submissions from the public during the consultation period.

My Department is responsible for ensuring that the planning system in Ireland is compliant with the State’s EU and International planning obligations, which includes EIA Directive and Espoo Convention processes in the Irish planning system. Ensuring that the EIA Directive or Espoo Convention obligations of Promoters or potential development applicants in another jurisdiction are adhered to, is a matter for the appropriate authorities in that jurisdiction, in accordance with their respective domestic legislation transposing such EIA Directive/ Espoo Convention obligations.

I can confirm that officials in my Department contacted officials in Louth County Council who have advised that permission was granted by authorities in Northern Ireland for the development referred to in this question on 20 October 2015, and that no transboundary notification was received by Louth County Council with respect to the proposed development. I can also confirm that my Department has no record of receiving any transboundary notification with respect to the proposed development which was permitted in 2015. 

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