Dáil Éireann díospóireacht -
Tuesday, 9 Mar 1999

Vol. 501 No. 6

Written Answers. - Special Areas of Conservation.

John Gormley

Ceist:

319 Mr. Gormley asked the Minister for Arts, Heritage, Gaeltacht and the Islands the protection in relation to industry that may wish to develop plants in special areas of conservation; and if she will make a statement on the matter. [6854/99]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

Legal protection for all industrial developments initially devolves from the Planning Acts. In the case of industry wishing to develop industrial plants in conservation areas, proposed for designation by my Department, the planning authorities were requested to afford Dúchas, the heritage service of my Department, an opportunity to make recommendations or submit reports in respect of any applications for planning permission likely to have an adverse impact on the ecology of proposed natural heritage area sites.

The European Communities (Natural Habitats) Regulations, 1997 (S.I. 94/97), transposed the EU Habitats Directive into national legislation, and provided for the protection of special areas of conservation, SAC. These regulations oblige planning authorities, including local authorities, An Bórd Pleanála and the Environmental Protection Agency, to:

(a)carry out an appropriate assessment of the environmental implications for the proposed SAC in view of its conservation objectives;

(b)only grant permission for developments that will not adversely affect the integrity of the SAC;

(c)impose any restrictions or conditions on the development which may be necessary to ensure the integrity of the site.

Where there is a negative assessment, and where the planning authorities are satisfied that there are no alternative solutions, planning permission may only be granted for imperative reasons of overriding public interest. In the case of sites hosting priority species, the only considerations of overriding public interest shall be those relating to human health or public safety, to beneficial consequences of primary importance for the environment, or further to an opinion from the EU Commission to other reasons of overriding public interest. In the event that planning permission is granted to a development, damaging to the integrity of an SAC, the member state is required to ensure that the necessary measures are taken to ensure that the overall integrity of Natura 2000 is protected.

John Gormley

Ceist:

320 Mr. Gormley asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has satisfied herself that a company (details supplied) in County Donegal is of such a nature that its processes would not adversely affect the special area of conservation in which it is proposed to be sited; and if she will make a statement on the matter. [6855/99]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

All proposed developments within or affecting candidate special areas of conservation, SACs, are carefully examined by Dúchas, the heritage service of my Department. As a result of the assessment of the proposal referred to by the Deputy, I am satisfied that the processes being proposed by the company will not adversely affect the conservation value of the site nor will they have a significant negative impact on the environment within the SAC. It has been proposed as a consequence of the main development to develop a new football pitch within the candidate SAC in a location where this would be environmentally damaging and Dúchas has lodged an objection with Donegal County Council in respect of this item only.