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Friday, 8 August 2008
Objections lodged to protected areas for hen harriers
According to the department, the two areas where 83 per cent of the objections have been lodged relate to the Slieve Aughty mountains in east Clare and the Stacks to Mullaghareik mountains in west Co Limerick, north Co Kerry and north Co Cork.
The department has stated that across the country 804 submissions have been made in relation to Special Protection Area (SPA) designation have been received in relation to six areas, with 744 being declared valid. In total, the Minister for the Environment John Gormley announced last year that 169,000 hectares of land are to be designated SPAs for the protection of the hen harrier, which is one of Ireland's and Europe's rarest birds of prey.
The designation affects 5,500 farmers and landowners in six sites in counties Kerry, Cork, Limerick, Laois, Offaly, Monaghan, Tipperary, Galway and Clare. The department confirmed that in relation to plans to designate an SPA in the Slieve Aughty mountains in northeast Clare, it has received a total of 283 objections and 340 objections in relation to the west Co Limerick site.
The department states three-quarters of the submissions relate to requests to have land removed from the SPA and the remainder request land to be included. The largest SPA is the Slieve Aughty mountains and involves the designation of 61,000 hectares where the National Parks and Wildlife Service (NPWS) believe that 24 pairs of hen harrier are present or 17 per cent of the 130 to 150 overall population.
Earlier this year, the director of the NPWS, Oonagh Buckley tried to allay landowners' fears in SPA areas by stating that the designation would not affect plans for one-off housing. She said she had been directed by Mr Gormley to advise Clare County Council that where the hen harrier was the sole conservation interest in the SPA, the designation should not be cited as grounds for refusing permission for development of rural houses within the special area.
Clare councillor Pat Hayes said he hoped the department would stand over the commitment as his concern was the effect the designation would have on the construction of one-off homes.
The Irish Times
www.buckplanning.ie
Monday, 28 April 2008
Dublin Bay bird protection extended
The extension, described by a spokesman for the Minister as "one of the biggest nature protection initiatives" in a decade, will almost certainly put an end to the Dublin Port Company's long-standing plans for a further infill of 52 acres to expand the port's capacity. The original Dublin Bay Special Protection Area was designated in 1999, but from the outset there have been complaints that the area it covered was too small and did not include key areas close to Dublin Port in the Tolka estuary - following representations from the port.
When the draft designation was first advertised by the National Parks and Wildlife Service, the port company objected to the inclusion of the area it had earmarked for expansion.
A "mapping error" was admitted, and this area was not included in the final map.
The European Commission subsequently initiated legal action against Ireland and other EU member states in the European Court of Justice for allegedly not making sufficient progress in meeting the requirements of the EU Birds Directive.
The commission's case was based on a number of instances where Special Protection Area designations should have been put in place on the basis of the scientific evidence, but were not. One of these was the area proposed for development by the Dublin Port Company.
The judgment of the court, handed down last December, confirmed that Ireland was required to extend the earlier special area designation in Dublin Bay to include this area. Failure to do so could lead to a massive penalty and daily fines being imposed.
Since then, the Department of the Environment has undertaken a comprehensive review of the Dublin Bay special area and the Minister has approved a significant increase in the size of the area from 1,700 hectares to 2,190 hectares, including the area omitted in 1999.
Dublin Bay is of considerable ecological importance and is recognised as being so by the designation of substantial portions of its area under national and EU legislation and also under wider- ranging international agreements, such as the UN Biosphere Reserve on Bull Island.
In discussions with the European Commission, Ireland has already agreed to redesignate all previously designated special protection areas, ensuring that they are given full protection and formally notifying owners/users of specific "notifiable activities" that require Ministerial consent.
In the case of Dublin Bay, a process of consultation with interested bodies has commenced with a view to ensuring that all development proposals are properly assessed to avoid any adverse impact on the populations of protected bird species in the bay.
Irish Times
www.buckplanning.ie
Dublin Bay bird protection extended
The extension, described by a spokesman for the Minister as "one of the biggest nature protection initiatives" in a decade, will almost certainly put an end to the Dublin Port Company's long-standing plans for a further infill of 52 acres to expand the port's capacity. The original Dublin Bay Special Protection Area was designated in 1999, but from the outset there have been complaints that the area it covered was too small and did not include key areas close to Dublin Port in the Tolka estuary - following representations from the port.
When the draft designation was first advertised by the National Parks and Wildlife Service, the port company objected to the inclusion of the area it had earmarked for expansion.
A "mapping error" was admitted, and this area was not included in the final map.
The European Commission subsequently initiated legal action against Ireland and other EU member states in the European Court of Justice for allegedly not making sufficient progress in meeting the requirements of the EU Birds Directive.
The commission's case was based on a number of instances where Special Protection Area designations should have been put in place on the basis of the scientific evidence, but were not. One of these was the area proposed for development by the Dublin Port Company.
The judgment of the court, handed down last December, confirmed that Ireland was required to extend the earlier special area designation in Dublin Bay to include this area. Failure to do so could lead to a massive penalty and daily fines being imposed.
Since then, the Department of the Environment has undertaken a comprehensive review of the Dublin Bay special area and the Minister has approved a significant increase in the size of the area from 1,700 hectares to 2,190 hectares, including the area omitted in 1999.
Dublin Bay is of considerable ecological importance and is recognised as being so by the designation of substantial portions of its area under national and EU legislation and also under wider- ranging international agreements, such as the UN Biosphere Reserve on Bull Island.
In discussions with the European Commission, Ireland has already agreed to redesignate all previously designated special protection areas, ensuring that they are given full protection and formally notifying owners/users of specific "notifiable activities" that require Ministerial consent.
In the case of Dublin Bay, a process of consultation with interested bodies has commenced with a view to ensuring that all development proposals are properly assessed to avoid any adverse impact on the populations of protected bird species in the bay.
Irish Times
www.buckplanning.ie
Thursday, 7 February 2008
Wexford Harbour plans cause 'uproar'
An Intention to Designate document for Wexford Harbour and Slobs was recently issued to a large number of landowners and it outlined a huge area for the proposed SPA, stretching to the bridge in Enniscorthy.
"The European Union's birds directive requires member states to protect birds at their breeding, feeding, roosting and wintering areas," said a spokesman for the Department of the Environment.
"It is on foot of the regulations that the Wexford Harbour and Slobs site was proposed for designation as it is considered to be a site of significant ornithological importance," he said.
The site is said to be one of the two most important in the world for Greenland white-fronted geese. It also has internationally important populations of mute swan, light-bellied Brent goose, bar-tailed godwit and black-tailed godwit.
According to the department, there are a large number of "operations likely to alter, damage, destroy or interfere with the integrity of the site", including harvesting marine species, leisure or sporting activities liable to cause disturbance to the birds, reclaiming land for agricultural purposes, the planting of trees and dredging, whether for fishing or other purposes.
Councillor Paddy Nolan said there is "uproar" over the plans among local people. "In the event that this goes ahead it will be the death knell of Wexford Harbour," he said. It would not only end fishing in the harbour, but possibly all swimming and boating activities. He said many farmers' use of their land will also be severely hampered.
A public meeting is to be held next Tuesday, three days before the deadline for objections.
The Irish Times
www.buckplanning.ie
Sunday, 12 November 2006
European sites in Irish planning
European sites in Irish planning
There are other types of area, but these do not come directly from planning legislation, but are an added layer. These include:
- Special Areas of Conservation (SACs) and Natural Heritage Areas (NHAs) which can be designated under the Wildlife (Amendment) Act 2000.
- Special Protection Areas (SPAs) continue to be created under the EU Habitats and Birds Directives.
Such areas are referred to as European sites. In relation to the planning process, once sites have been adopted as being of community importance (the second stage of the process), it is mandatory to include objectives in development plans for their protection. In the course of assessing relevant planning applications, considerations must be given to the impact of the development proposed on such adopted sites, normally, though not exclusively, by means of an Environmental Impact Statement (EIS).