Phil Hogan (Carlow-Kilkenny, Fine Gael)

I am progressing new planning regulations through both Houses which are required to deal with a judgment of the European Court of Justice in case C-66/06. The court found that in this case Ireland's system of environmental impact assessment for screening certain categories of agriculture and aquaculture related projects was over-reliant on size thresholds and did not take into account other relevant criteria such as the cumulative impacts of development and the location relative to sensitive sites. The environmental impact assessment directive requires member states to provide, in respect of projects or levels of development set out in annexe I of the directive, for an environmental impact assessment to be carried out before consent is given for a project to proceed. In respect of projects or levels of development set out in annexe II, the directive requires EU member states to determine through a case-by-case examination or the setting of national thresholds or criteria - which Ireland has done - whether the project needs to have an assessment carried out prior to a decision being made on whether consent should be given.

The activities affected by the judgment are the restructuring of rural land holdings, the use of uncultivated land or semi-natural areas for intensive agriculture and water management projects for agriculture, including irrigation and land drainage. The court decision necessitates a major reduction in the thresholds, both for the mandatory carrying out of assessments and screening of assessments of projects under the mandatory thresholds. In future certain activities, namely, the removal of field boundaries, converting semi-natural areas to engage in intensive agriculture and ordinary field drainage, will be regulated through a new consent process to be operated by the Department of Agriculture, Fisheries and Food. The drainage of wetlands will be retained to be dealt with in the planning system.

The principal purpose of the new planning and development regulations is to reduce the exempted development threshold for the drainage of wetlands from 20 ha to 0.1 ha and to reduce the threshold for a mandatory environmental impact assessment of the drainage of wetlands from 20 ha to 2 ha. The threshold of 0.1 ha in the case of planning permission will allow for minor access works and maintenance. Any more substantial development will require screening for an environmental impact assessment as part of a planning application.

The revised thresholds have not been arbitrarily chosen by the State. The European Commission has advised of numerous instances where significant damage to the environment has occurred on wetlands, even on a very small scale. For example, lands drained by a small ditch can severely impact on the local environment. The Commission concluded, following lengthy and detailed discussions with the two Departments, that the only way to fully provide for environmental impact assessment screening was to set the threshold at a level that would exempt only de minimis activities. Planning applications will be required in respect of drainage works below the planning threshold of 0.1 ha in cases where the drainage would have a significant effect on the environment. Similarly, an environmental impact statement will be required in the case of planning applications in respect of the drainage of wetlands below 2 ha in cases where it is determined that the drainage would have a significant effect on the environment. Specific guidance is being prepared by the two Departments to provide advice for planning authorities, farmers and other interested parties.

I understand the concerns of the farming community as articulated by the Deputy and the need to ensure an overly bureaucratic regime is not established. The State, however, must respond quickly and comprehensively to the judgment of the European Court of Justice. Otherwise, Ireland will be the subject of serious fines imposed by the Commission.

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