Jimmy Deenihan (Kerry North, Fine Gael)
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Question 1432: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the laying out of a development (details supplied) in County Kerry was declared exempt by An Bord Pleanála and the High Court prior to the introduction of the E.U. Habitats Directive in 1997; and if he will make a statement on the matter. [33075/10]

John Gormley (Dublin South East, Green Party)
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My Department is aware of the planning history of this case including the decision of the High Court referred to in the question.

The dune system at Inch is designated for protection as part of a candidate Special Area of Conservation for habitats and a Special Protection Area for birds. Under the terms of the Habitats Directive, any proposed project likely to have a significant effect on the site must be subject to appropriate assessment. This is provided for in the European Communities (Natural Habitats) Regulations 1997. This assessment must be undertaken by the relevant consent authority. This is the planning authority, in a case where planning permission is being sought, or my Department as the competent authority where proposed works on such a site are considered to be a notifiable activity.

My Department recently met with the owner of the lands in question and has explained the situation.