Written answers

Tuesday, 11 December 2007

Department of Environment, Heritage and Local Government

Planning Issues

9:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 960: To ask the Minister for the Environment, Heritage and Local Government his views on whether the decision of An Bord Pleanála to allow Dublin Port to apply for land reclamation to facilitate 600,000 TEU capacity per annum as a strategic infrastructure will pre-empt finalisation by Dublin City Council of best future options for the bay, the preferred option recommended to the council having been the total relocation of port activities; his role to date in this application; and if he will make a statement on the matter. [33781/07]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 961: To ask the Minister for the Environment, Heritage and Local Government his views on whether the decision of An Bord Pleanála to allow Dublin Port to apply for land reclamation to facilitate 600,000 TEU capacity per annum as a strategic infrastructure will pre-empt the work of the task force on Dublin Bay which he proposes to establish which has the mandate to recommend new legislation to maximise the potential of the bay. [33782/07]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 962: To ask the Minister for the Environment, Heritage and Local Government his views on whether the decision of An Bord Pleanála to allow Dublin Port to apply for land reclamation to facilitate 600,000 TEU capacity per annum as a strategic infrastructure will pre-empt the planned SPA designation to include this part of the bay to meet the requirement of EU directives on protection of the natural environment. [33783/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 960 to 962, inclusive, together.

As Minister, I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned. However, in the event that an application is received in respect of the project referred to, the Planning and Development (Strategic Infrastructure) Act 2006 requires the Board to notify Dublin City Council, as the planning authority within which the proposed project would be situate, that an application for strategic infrastructure development has been received. The Act requires the Manager of the relevant planning authority to prepare a report on the likely effects of the proposed development on the proper planning and sustainable development of the area. The views of the elected members of the planning authority must also be sought and attached to the Manager's report. In making a determination on such application, the Board is required to consider this report.

I have been informed by Dublin City Council that public consultation on the Study on Dublin Bay: An Integrated Economic, Cultural and Social Vision for Sustainable Development has been underway over the last number of months. A large number of comments have been received and are currently being summarised by the City Council. The study has not been formally adopted by the Council.

The decision of An Bord Pleanála on the Dublin Port proposal will not pre-empt the planned Special Protection Area (SPA) redesignation of Dublin Bay. The unambiguous legal requirement under the EU Birds (79/409/EEC) and Habitats (92/42/EEC) Directives is that SPA designations are to be put in place solely on the basis of ornithological evidence.

The Programme for Government contains a commitment to establish a Dublin Bay Area Task Force to maximise the potential of the Bay for the people of the capital city. As I indicated in reply to question no. 493 of 13 November 2007, I am currently considering the scope, terms of reference, structure and composition of the Task Force. Any relevant decisions of An Bord Pleanala in relation to Dublin Bay will be taken into account by the Task force in due course.

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