Marc MacSharry (Sligo-Leitrim, Fianna Fail) | Oireachtas source

In its deliberations as a board, would An Bord Pleanála take full account of Article 6.4 of the habitats directive, which is the imperative reason of overriding public interest? I am conscious that the board does not want us to discuss individual cases, so let us talk about a hypothetical case. Let us say a lake was infected with cryptosporidium and because the lake provided water to 13,000 families, Irish Water decided it needed to put in a treatment plant immediately because otherwise the 13,000 families would have to boil water. Let us say the planning authority gave planning but An Bord Pleanála overruled it on the basis that it was contrary to the habitats directive, as there was a particular snail or aspect of biodiversity that had to be protected. If An Bord Pleanála was taking adequate cognisance of the imperative reasons of overriding public interest, surely the board would grant permission? It would say the sum of the 13,000 families outweighs the sum of the biodiversity needs of the snail or whatever aspect of diversity was at stake? Would that be the case?