Written answers

Wednesday, 12 July 2017

Department of Housing, Planning, Community and Local Government

Foreshore Licence Applications

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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461. To ask the Minister for Housing, Planning, Community and Local Government the measures taken by his Department to ensure no conflicts of interest arise in the foreshore lease licence application system; and if he will make a statement on the matter. [33175/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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462. To ask the Minister for Housing, Planning, Community and Local Government the sequence of steps for both the applicant and the competent authority in the statutory process application for a foreshore lease; and if he will make a statement on the matter. [33176/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 461 and 462 together.

My Department places a high priority on public participation during the assessment of foreshore applications.

At the initial stage in the process, the pre-application stage, the developer initially discusses the project with my Department and is encouraged to engage in pre-application consultations with stakeholders including the local community.

The formal application and supporting document when received from the applicant for a foreshore licence/lease is reviewed for completeness prior to the commencement of the foreshore consultation process.The extent of the consultation undertaken is determined by the size, nature and scale of the project and whether the application is accompanied by an Environmental Impact Statement (EIS).  In general, non EIS cases are the subject of a 21 day public consultation period whereas the consultation period for EIS cases is two months.

The following steps are undertaken as part of the Prescribed Body consultation process: 

- Write to the prescribed bodies inviting observations on the application and supportingdocumentation;

- Accept receipt of submissions from the prescribed bodies;

- Provide all submissions to the applicant;

- Accept responses from the applicant in relation to the issues raised under the public consultation;

- Facilitate further discussion/correspondence where necessary between the applicant and the prescribed bodies in relation to observations received from the prescribed bodies;

- Publish the submissions (in batches) and the applicant’s responses on my Department’s website.

In terms of public consultation, the following steps are undertaken; 

- Announce public consultation through advertisement in a number of publications;

- Receive submissions from public and other interested parties;

- Acknowledge receipt of submissions;

- Provide all submissions to the applicant;

- Receive responses from the applicant in relation to the issues/concerns raised under the public consultation;

- Publish the submissions (in batches) and the applicant’s responses on my Department’s website.

In order to determine whether the proposed works are of a class that would require a mandatory EIS under the Environmental Impact Assessment (EIA) Directive, my Department as the competent authority is required to undertake an EIA Screening.  Similarly, an Appropriate Assessment (AA) screening is undertaken to determine whether the proposed development requires a Natura Impact Statement (NIS).

All the application documentation including submissions received and environmental screening reports are then considered by the Marine Licence Vetting Committee (MLVC), a multi-disciplinary advisory body that provides an assessment and recommendation on the proposal.

In accordance with foreshore legislation, the Minister for Housing, Planning, Community and Local Government is the Minister with responsibility for making the decision on this application. A decision will only be made following the careful examination and consideration of the application and supporting documentation and all views/comments received including those of the prescribed bodies and the public.

My Department would expect that the robust foreshore procedures and application process steps outlined above would identify any potential conflict at an early stage in the foreshore consent process and appropriate steps would be taken to address any conflict arising. If there is a particular case in which it is considered a potential  conflict of interest has arisen, if the Deputy provides the relevant details, I will be happy to provide further information.

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