Dáil Éireann Debate, Wednesday - 20 October 2021
104. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if the drainage and or reclamation of peatland systems in which more than two hectares of wetland habitat are affected fall under Schedule 5, Part 2, (1) Agriculture, Silviculture and Aquaculture (c) Development and if not, the reason therefor. [51581/21]
View answerSchedule 5 of the Planning and Development Regulations 2001, as amended (the Regulations), and as referred to by the Deputy, is related to environmental impact assessment (EIA). The general provisions for which are set out in Section 172(1)(a) of the Planning and Development Act 2000 (the Act) as amended.
In accordance with the Act, an EIA must be carried out by a planning authority or An Bord Pleanála, as the case may be, in respect of an application for consent for proposed development of a class specified in Schedule 5 to the Regulations which
- equals or exceeds a quantity, area or other limit specified in that Schedule (the EIA threshold) or
- where no quantity, area or other limit is specified in that Part in respect of the development concerned.
In the case of sub-threshold development, an EIA will be required where it is concluded, determined or decided, as the case may be, by the relevant competent authority that the proposed development is likely to have a significant effect on the environment.
Schedule 5 of the Regulations transposes the list of projects in Annexes I and II of the EIA Directive and sets out the projects requiring an EIA to be carried out by the relevant competent authority.
“Wetlands” are defined in Article 5(1) of the Regulations as natural or artificial areas where biogeochemical functions depend notably on constant or periodic shallow inundation, or saturation, by standing or flowing fresh, brackish or saline water. In Class 1 of Part 2 of Schedule 5 to the Regulations, the relevant EIA threshold for "Agriculture, Silviculture and Aquaculture" for the purposes of Section 176 of Act, are set out. This includes at class (1)(c) development consisting of the carrying out of drainage and/or reclamation of wetlands where more than 2 hectares of wetlands would be affected. Exempted development thresholds for development consisting of the carrying out of drainage and/or reclamation of wetlands are set out at Class 11 of Part 3 of Schedule 2 of the Regulations.
Peat extraction is contained in the Planning and Development Regulations 2001 as a different class of development to the ‘drainage or reclamation of wetlands’ . “Peat extraction” is defined in Article 3(3) of the Regulations as including any related drainage of bogland. The EIA threshold for peat extraction, persuant to section 176 of the Act, is set out in in class 2(a) of Part 2 of Schedule 5 of the Regulations, and the exempted development thresholds for peat extraction are set out at Class 17 of Part 3 of Schedule 2 of the Regulations.
The interpretation and application of planning legislation, including environmental impact assessment requirements, in any individual case is the function of the planning authorities and An Bord Pleanála, having regard to the particulars of the proposed development in question. Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
