Dáil Éireann Debate, Tuesday - 9 May 2023
485. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if owners of ash dieback within SACs or SPAs are excluded from Circular 21/2022 issued by the Forestry Service, which allows for exemption for planning permission from replacing broadleaves with conifers; if so, if he will provide scientific-based evidence for their exclusion; and if he will make a statement on the matter. [21308/23]
Amharc ar fhreagra486. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will advise if Circular 21/2022 issued by the Forestry Service provides for an exemption from the requirement for planning permission for projects involving the replacement of broadleaf high forest by conifer species in all applications less than ten hectares; if not, if contrary to this circular, land owners within special protection areas or special areas of conservation, are being prohibited; and if he will make a statement on the matter. [21311/23]
Amharc ar fhreagraI propose to take Questions Nos. 485 and 486 together.
Circular 21/2022, as issued by my Department for Registered Foresters and other stakeholders, and Circular Letter EUIPR03/3033, as issued by the Department of Housing, Local Government, and Heritage for Local Authorities and other planning bodies, are intended to explain the legislative changes brought about by the Planning and Development Act 2000 (Exempted Development) (No. 5) Regulations 2022 (S.I. No. 664 of 2022).
This legislation provides for an exemption from the requirement for planning permission for projects involving the replacement of broadleaf high forest by conifer species for applications less than 10 hectares where the project is licensed or approved by the Minister for Agriculture, Food and the Marine. This exemption includes where proposed projects are located within European sites. Projects located in a city, a town or an comparable urban area may not avail of this exemption.
However, as set out above any such proposed project still requires a licence or approval from my Department and in assessing applications my Department is still required, amongst other things, to screen Appropriate Assessment (AA). If the proposed project is deemed to require Appropriate Assessment or any other environmental assessment, the Department must then ensure that assessment is completed before any final decision is made. Each application is assessed on its individual merits when received by the Department but where it is determined that a significant adverse impact on a European site may result from aspects of the proposed project approval must by law be refused. This may occur, for example, where following consultation with the National Parks and Wildlife Service the original approval given to plant the trees within the European site was contingent on only broadleaf species. In such circumstances an option for the landowner may be to replant with an acceptable alternative broadleaf species.
