Written answers

Wednesday, 7 July 2010

Department of Environment, Heritage and Local Government

Special Areas of Conservation

12:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 338: To ask the Minister for the Environment, Heritage and Local Government the restrictions planned for persons who own land in special areas of conservation regarding planning and so on; and if he will make a statement on the matter. [30340/10]

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 361: To ask the Minister for the Environment, Heritage and Local Government his views on if it is fair that a landowner with special areas of conservation designated land who wishes to build a family home now has to get an environmental assessment carried out; if there are any plans to reimburse those costs to the landowner; and if he will make a statement on the matter. [30419/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I proposed to take Questions Nos. 338 and 361 together.

Under the European Communities (Natural Habitats) Regulations 1997, planning authorities, before granting planning consent, must satisfy themselves that the proposal will not have a significant effect on any Special Protection Area or Special Area of Conservation. If such an effect cannot be ruled out, the authority must carry out an appropriate assessment, which is a more detailed, scientific assessment of the potential impact of the proposal on the site in question, in view of the site's conservation objectives. To help them do this they may require the applicant to submit information about the impact of the development on the site. The cost of providing this information falls to be met by the applicant. There are no plans to provide for a reimbursement of such costs, or other costs associated with planning applications.

Development consent will be withheld if it is found that the proposed development, alone or in combination with other plans or projects, is likely to have an adverse impact on the integrity of the site, and where there are no imperative reasons of overriding public interest that would justify the project proceeding notwithstanding this adverse impact. Many developments within SACs or SPAs, because of their nature or location within or outside the site, or the sensitivity of that site to such developments, will not require an appropriate assessment because the authority can be certain that they will not have a significant effect on the site. Where this certainty is absent, appropriate assessment must be carried out.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 339: To ask the Minister for the Environment, Heritage and Local Government his plans to compensate persons whose lands have been designated as special areas of conservation in view of the fact that they have no choice in the matter; and if he will make a statement on the matter. [30341/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Compensation arising from restrictions in agricultural practice due to designations is paid from EU and exchequer funding under the Rural Development Programme and disbursed through the Department of Agriculture, Fisheries and Food administered REPS and Agri-Environmental Options Scheme. My Department also operates the NPWS Farm Plan Scheme which is a much smaller scheme than the two mentioned above. Compensation may also be payable under the European Communities (Natural Habitats) Regulations 1997 where the Minister has refused consent for Notifiable Activities, where the works in question have been carried out for the previous five years and where an actual loss is suffered.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 340: To ask the Minister for the Environment, Heritage and Local Government if all land owned by the State has been designated as special areas of conservation where environmentally feasible; his plans regarding same; and if he will make a statement on the matter. [30342/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Special areas of conservation (SACs) and special protection areas (SPAs) are the prime wildlife areas in the State considered to be important on a European as well as an Irish level. The designation of SPAs and SACs is undertaken in accordance with the provisions of the Birds Directive and the Habitats Directive, respectively. The directives provide that sites must be chosen on objective scientific criteria. Sites that meet these criteria are identified by the Department and proposed for designation. Sites are not chosen on the basis of their ownership, but on the basis of their ecological value for conservation. The State owns land in many areas, and where it meets the criteria for designation, State land has been included within designated sites.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 341: To ask the Minister for the Environment, Heritage and Local Government the percentage of land here that is currently designated as special areas of conservation or natural heritage areas; the plans he has to increase this percentage; and if he will make a statement on the matter. [30343/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Approximately eleven percent of the total onshore area of Ireland is designated as candidate Special Areas of Conservation (cSACs) or Natural Heritage Areas (NHAs). This includes lakes and rivers. The designation of Ireland's suite of SACs is almost complete and the percentage of land subject to this designation will not change significantly. When my Department has completed the designation of the full list of Natura 2000 sites (SACs and Special Protection Areas (SPA)) it will begin a review, on a phased basis, of the proposed NHAs which have not, as yet, been statutorily designated.

Comments

Malcolm Mc Gee
Posted on 15 Oct 2013 5:38 pm (Report this comment)

Just wondering if anybody knows how the government informed private landowners that there land was to be designated a SAC. I am now in a position where I have been refused planning permission for a dwelling on my fathers land because purely because it is in a SAC.

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