Dáil Éireann Debate, Thursday - 21 June 2018
10. Deputy Bríd Smith asked the Minister for Culture, Heritage and the Gaeltacht the number of development applications which have been referred to the NPWS, particularly in County Donegal, that have been returned with no comment on them; and if this may be a breach of both Irish and EU law. [27110/18]
Amharc ar fhreagraIn accordance with regulations under the Planning and Development Act, 2000 as amended, planning applications lodged with planning authorities that have the potential to impact on built, archaeological, or natural heritage must be referred to the Minister for Culture, Heritage and the Gaeltacht. The Minister is one of a number of such statutory consultees sometimes known as prescribed bodies.
In any such capacity, the Minister may make submissions or observations to assist the responsible authority in carrying out its functions, including consent functions, in compliance with various legislative and administrative requirements with respect to the conservation, protection and preservation of natural and built heritage.
Since 1 November 2011, some 30,722 planning applications were referred to the National Parks and Wildlife Service of my Department in my role as a statutory consultee. Of this number, 3,476 were referrals within County Donegal. The National Parks and Wildlife Service had no comments to make to the planning authorities on 2,591 cases. In a number of these cases, the NPWS considered that the referrals were not relevant to nature conservation.
The European Communities (Birds and Natural Habitats) Regulations, 2011 sets out that public authorities having, or exercising functions, including consent functions, which may have implications for or effects on nature conservation, must exercise those functions, so as to secure compliance with the requirements of the Habitats Directive and the Birds Directive and the Regulations. All planning authorities are considered to be public authorities within the meaning of the 2011 Regulations. In that regard, public authorities are obliged to ensure, amongst other things that they do not give consent to any party, for any plan or project that may adversely affect the integrity of a European site (SAC or SPA).
A public authority that has been assigned responsibility, such as a consent function, is the relevant authority for undertaking those responsibilities and as Minister I am prohibited from doing so.
Any observations made on development applications referred to me are to assist planning authorities. Ultimately, however the decision to grant planning permission is under law a matter for the relevant planning authority irrespective of whether or not a comment had been made by my Department. Accordingly, there is no breach of national or EU law.
