Written answers

Wednesday, 25 May 2022

Department of Housing, Planning, and Local Government

Special Protection Areas

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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47. To ask the Minister for Housing, Planning, and Local Government if he will review documentation and advise on the assistance that will be offered to a person (details supplied); and if he will make a statement on the matter. [26727/22]

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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Ireland, like all European Member States, is bound in law by the requirements of the EU Nature Directives which are designed to ensure the protection of certain habitats and species within sites designated as Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). The sites chosen for designation under the Directives are those which are significant from a conservation perspective not just at a national, but at a European level.

The designation of sites under the Nature Directives is a formal, legal process, with a number of steps, which are set out in full in the European Communities (Birds and Natural Habitats) Regulations 2011.

Identification of the appropriate geographical area of the site is done by scientific analysis. Once draft boundaries are proposed, the Minister for Housing, Local Government and Heritage notifies landowners and the public of his intention to designate the site, and provides an opportunity for objections or appeals on the proposed site boundaries.

Advertisements are published in local media and notices are displayed in local Government offices, Garda stations and public libraries. Landowners within the proposed site, where their identities are known, are notified directly in writing, with detailed information including a map of the site and information about why that site is being proposed for designation and details of compensation that may be available.

As stated in previous correspondence, the site referred to in the Deputy’s question was proposed for designation as an SPA in November 2007. A three-month period was allowed for the lodging of any appeals before the site was formally designated by Statutory Instrument in November 2012.

The de-designation of a European site is not a national policy decision but a matter of European law, requiring the consent of the European Commission and must be based on scientific grounds.

It is important to note that there is no blanket prohibition on development within designated sites, however, in order to protect the ecological integrity of such sites, there is a requirement to obtain the consent of the Minister for Housing, Local Government and Heritage for activities listed as requiring consent for a particular site before work commences; or the consent of another public authority, where applicable.

In relation to forestry developments, the competent authority is the Department of Agriculture, Food and the Marine who will be best placed to provide further information in this regard.

The Hen Harrier Programme provides financial support to farmers who take steps on their lands to protect hen harrier populations. It is a locally-led scheme that encourages farmers to manage their fields in ways that benefit the environment. Further information is available at www.gov.ie/en/service/82e360-hen-harrier-programme/.

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