Written answers
Tuesday, 7 November 2023
Department of Housing, Planning, and Local Government
Natura 2000
Éamon Ó Cuív (Galway West, Fianna Fail)
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661. To ask the Minister for Housing, Planning, and Local Government when substitute consent is or is not required to rectify small non-compliances with planning in or near a Natura 2,000 site, particularly where the non-compliance does not materially affect the integrity of the Natura 2000 Site; whether it is intended to issue new guidelines to local authorities in relation to this matter due to the cost of applying for leave to apply for substitute consent and for substitute consent itself and also due to the perceived discrepancy between the Bord Pleanála's approach and local authorities approach to this issue and the delay of up to three years involved in getting decisions from the board on applications; and if he will make a statement on the matter. [48272/23]
Kieran O'Donnell (Limerick City, Fine Gael)
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Substitute consent only applies where development is unauthorised and a planning authority has determined that Environmental Impact Assessment (EIA) or Appropriate Assessment (AA) was or is required.The process involved is as follows.
A person can seek to regularise an unauthorised development by applying to the appropriate planning authority for retention planning permission. Following receipt of such an application, and in accordance with section 34(12) of the Planning and Development Act 2000, as amended, the planning authority must screen the application to determine if EIA or AA was, or is, required. If the planning authority determines that either EIA or AA, or both, was or is required the planning authority cannot grant retention permission and the person can apply to An Bord Pleanála (the Board) for substitute consent.
An application can be made to the Board for substitute consent under Part XA of the Act, as part of which a remedial EIA or a remedial Natura impact statement, or both as appropriate, must be prepared. The Board will then determine whether or not substitute consent can be granted.
In certain circumstances, under section 177C of the Act, an application can be made directly to the Board seeking leave to apply for substitute consent, in which case the Board determines whether exceptional circumstances exist in respect of that case.
In an effort to simplify and streamline the substitute consent process my Department is currently working on regulations to give effect to certain amendments to the substitute consent process made under the Planning and Development, Maritime and Valuation (Amendment) Act 2022 (PDMVA). These amendments provide for, inter alia:
- a single-stage application process;
- extension of simultaneous applications for both substitute consent and future facing development from quarries to all developments of lands;
- that the Board can refuse to consider an application for retention of unauthorised development where either or both EIA/AA was or is required; and
- allow pre-application consultations with the Board on proposed applications.
A circular will issue on commencement of these provisions and associated regulations shortly.
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