Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

Section 130(1)(a) and (b) set out the scope or parameters of remediation. It does not say the site has to be remediated to its original state. Section 130(1)(a) states "to restore the site on or at which the development to which the application relates is situated, to a safe and environmentally sustainable condition" so not to its original state. As we know, people might not know what the original state was because it was so far ago. Section 130(1)(b) states "to avoid, in a European site, the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive".

My question is very simple. With regard to section 130(8), is it not the case that this means there are no sets of remedial measures that a planning authority could apply in that instance? It is not that they could not say that it must be restored to its historic state. There are simply no remedial actions it is permitted to apply. Is that not the case?