Dáil Éireann Debate, Thursday - 20 May 2021
360. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to circular 5 of 2021, clarification regarding ash dieback scheme and planning permission; and if he will make a statement on the matter. [27190/21]
View answer361. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if his Department was not aware of the issues in relation to planning permission when developing and ultimately issuing the RUS scheme; and if he will make a statement on the matter. [27191/21]
View answer362. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if there are possible mechanisms in the Forestry Act 2014 that take account of the fact that the ash crops are either dying or dead and as such are not subject to the rules as laid out in circular 5/2021; and if he will make a statement on the matter. [27192/21]
View answer363. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine his plans to develop a process with the Department of Housing, Local Government and Heritage that takes account of the fact that ash trees are either dead or dying and rotting and that the process and procedure as laid out in circular 5 of 2021 does not take account of this; and if he will make a statement on the matter. [27193/21]
View answer364. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the fact that ash plantations subject to ash dieback, which are either dead or dying and rotting are now a very serious health and safety trap for owners, contractors and the public and the contents of circular 5 of 2021 in view of the performance of his Department in issuing approvals in the RUS scheme to date does nothing other than add to the health and safety issue; and if he will make a statement on the matter. [27194/21]
View answer365. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine his plans to revisit the existing academically excellent but operationally nonsensical and impractical RUS scheme; and if he will make a statement on the matter. [27195/21]
View answerI propose to take Questions Nos. 360 to 365, inclusive, together.
There are requirements in the Planning and Development Acts to obtain grant of planning or written exemption from such a grant from the relevant local authority, when replacing certain broadleaf high forests with conifers. This is not a new requirement and Circular 05/2021, was issued to serve as clarification. The Planning and Development Acts are outside of the remit of the Department and the requirement for a grant of planning or a written exemption is irrespective of the health of the trees concerned. Furthermore, an applicant wishing to avoid these requirements can choose to replace an existing broadleaf species, in this case Ash, with another broadleaf species.
The Forestry Act, 2014 provides for an exemption from obtaining a tree felling licence in situations where the tree felling is carried out to control or to prevent the spread of disease. Applicants are not required to obtain a tree felling licence as part of the Reconstitution and Underplanting Scheme (RUS). However, this is separate to the requirement to obtain grant of planning or an exemption from such a grant, which falls under the remit of the Planning and Development Acts, where certain broadleaf high forests are to be replaced by conifers.
Where there are concerns for health and safety and a fear that delays in obtaining planning permission may exacerbate the situation, it is open to applicants to replant Ash with another broadleaf species.
Finally, the current Reconstitution and Underplanting Scheme meets the purpose of the requirements to continue to deal with the disease. The focus of the Scheme moving away from ash dieback eradication and bringing ash plantation management to the fore. The Scheme ensures that the forest owner is provided with a broader range of silvicultural and management options.
My Department has received 301 applications for RUS for 1,237ha, of which 60 have been approved for 212ha. The remainder are at various stages of processing.
