Noel Grealish (Galway West, Independent)
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1629. To ask the Minister for Housing, Planning, and Local Government the procedures followed in the assessment of foreshore lease applications; the progress made to date in the consideration of the application by an institute (details supplied) based on this process; when it is expected that a decision will be made on this application; the minister which will be making a decision in this regard; and if he will make a statement on the matter. [35240/17]

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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1643. To ask the Minister for Housing, Planning, and Local Government the specific sequence of steps to be followed under appropriate regulations and legislation for the foreshore lease application process; his department's assessment process regarding foreshore lease planning applications; the progress made to date in the consideration of the application by the Marine Institute for the construction of a project (details supplied) on Galway Bay based on this process; when a decision will be made on this application; and if he will make a statement on the matter. [35663/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 1629 and 1643 together.

My Department has developed a standard set of procedures that are followed during the application for a lease or licence and the subsequent assessment of that application. 

1. Pre-application Stage

The first stage is called the pre-application stage. This is an informal stage during which officials of my Department will engage with the potential applicant in relation to elements required to progress to application stage. They may meet with the potential applicant at this time if it is felt necessary.  The applicant then progresses to formal application stage.

2. Formal submission of an application

Once an applicant has submitted a formal application for a lease or licence the application form and supporting documentation is reviewed for completeness by either a member of the Water and Marine Advisory Unit (WMAU) or the Chair of the MLVC (Dr. Terry McMahon, Marine Institute). In the case of the Marine Institute application, Dr. Terry McMahon was not involved at any stage in the process and this stage was carried out by a member of the WMAU. If an application is acceptable at this stage it progresses to the consultation phase.

3. Consultation Phase

The length of the consultation period is determined by the size, nature and scale of the proposal 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.  As the Minister with responsibility for foreshore related matters I am also free to extend the consultation period if I consider it is necessary.

In the case of the Marine Institute application (FS006566), the Minister at that time considered it necessary to extend the public consultation period on three occasions from an initial end date of 17 June 2016 to a final end date of 9 September 2016.

Irrespective of the length of the consultation period there are two types of consultations undertaken as follows:

- Public Consultation;

- Prescribed Bodies Consultation.

- The public consultation invites submissions from members of the public and any other interested individuals or organisations. Over 500 submissions were received from the public and other interested parties during the extended public consultation period in the case of the application concerned.

- The prescribed bodies consultation invites submission from a list of bodies as prescribed under the Foreshore Regulations 2011. With the exception of the Heritage Council, comments were received from all of the bodies contacted under the prescribed bodies consultation.

- It should be noted that the two consultations may occur simultaneously. 

- Following completion of the public and prescribed bodies consultations, the submissions are provided to the applicant for comment. All submissions together with the applicant's responses to the concerns raised are published on my Department's website.

4. Marine Licence Vetting Committee (MLVC) Stage

- The Marine Licence Vetting Committee (MLVC) is an ad hoc multi-disciplinary committee which is convened, as required, for the purposes of undertaking a technical assessment of an application under the Foreshore Act 1933, as amended.  It is not established on a statutory basis and members undertake to participate in each instance as representatives of their individual organisations.

- In all cases, the application and supporting documentation together with all the submissions received from both the prescribed bodies and the public are considered in detail during the course of assessing the application. Screening under Environmental Legislation including the Birds and Habitats Directives (Environmental Impact Assessment and Appropriate Assessment Screening) will be formally carried out at this stage. Only after these steps have been completed and the application fully assessed will a recommendation be made by the MLVC and a completed report provided as part of the submission for determination.  It is also open to me as the Minister with responsibility for making the decision on this application to seek advices from whatever body I deem necessary in the determination of the application. 

- In relation to the application in question, the report of the Marine Licence Vetting Committee (MLVC), which is a key element of the foreshore decision-making process, was completed on 6 July 2017.  I expect a decision to be made on this application shortly.

5. Lease/Licence Drafting and Execution

- After a determination has been made the lease or licence is drafted by the Chief State Solicitor's Office.

Noel Grealish (Galway West, Independent)
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1630. To ask the Minister for Housing, Planning, and Local Government the Minister or Ministers with responsibility for appropriate assessment in compliance with the appropriate assessment EU directive relating to foreshore lease licence applications; and if he will make a statement on the matter. [35241/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I, as Minister for Housing, Planning, Community and Local Government, have responsibility for regulating the use of the foreshore in Ireland in accordance with both the Foreshore Act 1933, as amended, and any applicable European environmental legislation, including the EIA and Birds and Habitats Directives.

During the course of assessing an application for a foreshore lease or licence a technical evaluation is undertaken, by the Marine Licence Vetting Committee (MLVC), of the application and its supporting documentation, together with any submissions received during the public and prescribed bodies consultations and the applicants responses to same. The evaluation also includes Appropriate Assessment Screening under the Birds and Habitats Directives to determine the requirement for a Natura Impact Statement (NIS).