FARMERS cannot convert more than five hectares of uncultivated land or semi-natural area to intensive agriculture without having an environmental impact assessment (EIA) screening carried out by Department of Agriculture officials, under regulations designed to avert multi-million euro fines.
The EIA screening will also be needed for those removing more than 500 metres of field boundary, re-contouring more than two hectares (one hectare = 2.471 acres), or draining more than 15 hectares (36.9 acres).
Environment and Agriculture Ministers Phil Hogan and Simon Coveney yesterday said consultation and engage-ment will take place with relevant stakeholders and the European Commission on the guidelines that will support these regulations.
IFA president John Bryan called for further changes and clear interpretation of the regulations.
He said: "While progress has been made on the threshold levels, significant concerns remain regarding the definition of wetlands and the levels for re-contouring of land. The implementation of the legislation must minimise the hassle and bureauc-racy imposed on farmers."
IFA’s environment and rural affairs chairman, Pat Farrell, called for a working group to ensure the legislation has least impact on farmers, and takes full consideration of existing measures in environmental schemes and general farm cross-compliance rules.
Meanwhile, Mr Coveney said, "My focus through-out the summer has been to avoid the probability of very significant fines in this case, while introducing a system that does not overburden farmers and is easily accessible and understandable.
"I am satisfied that we have brokered a compromise which recognises those needs and delivers a workable solution for farmers.
"While the court may ultimately impose a fine for the legacy of inaction, the shared understanding that we have secured here with the Commission should spare us from the imposition of daily fines of €33,000 per day or up to €12.5 million per annum."
The strictest controls in the new measures apply to environmentally sensitive wetlands. Planning permission and screening for EIA is required for farm development in these areas of more than 10% of a hectare.
Mandatory thresholds for full EIA are also introduced, starting at two hectares for farm development of wetlands, in line with Britain. In addition, planning permission accompanied by an environmental impact statement may be required even in respect of wetland drainage below the 0.1 hectare threshold in cases where the drainage would have a significant effect on the environment.
Irish Examiner
www.buckplanning.ie
Showing posts with label eia. Show all posts
Showing posts with label eia. Show all posts
Monday, 12 September 2011
Tuesday, 7 October 2008
New law to tackle unauthorised developments
LEGISLATION IS being drafted to ensure that planning authorities do not grant retrospective permission for unauthorised developments in cases where an environmental impact assessment (EIA) is required.
This follows a judgment by the European Court of Justice (ECJ) last July, in which the court invalidated Irish law allowing local councils and An Bord Pleanála to grant retention for developments that failed to comply with the EU's directive on EIAs.
Among the schemes that would be affected by the court's judgment are several major quarries and the proposed convention centre at the Citywest Hotel complex in Saggart, Co Dublin, for which the appeals board recently granted retention.
The board wrote to Citywest developer Jim Mansfield on September 15th last, spelling out the implications of the judgment and saying he should "take legal advice before acting on the planning permission" in these circumstances.
Minister for the Environment John Gormley is warning the local authorities that any current retention applications that should have been subject to prior EIA must now be returned to developers, on the basis that they are invalid.
They are also being told by the Minister that developers who had already received retention permission in similar cases since July 3rd - the date of the European Court judgment - should be "advised not to act upon the permission" on legal grounds.
These developers "must be informed that as a result of the judgment the permission granted is in breach of Community law as it was granted under a legislative system that the ECJ found was inconsistent with the EIA Directive", the circular says.
Referring to the proposed amending legislation, Mr Gormley said: "My aim is to remove the possibility of retention for unauthorised development which would otherwise have been subject to EIA, other than in exceptional circumstances."
A spokesman for the Minister could not say what these circumstances might be as the legislation has yet to be drafted, but he made it clear that Mr Gormley intended to take a "zero tolerance" approach to the retention of such unauthorised developments.
However, he emphasised that the amending legislation would only apply to major developments above the thresholds at which an EIA would be required.
"It's not about going after people who might have built domestic extensions without permission".
The Minister said he envisaged that the legislation would also revoke the current seven-year time limit within which enforcement action may be taken in respect of all unauthorised developments, whether or not they would require a prior EIA under EU rules.
A spokesman for An Taisce said the Minister was the competent authority for ensuring compliance with EU directives and he should use his power under Section 44 of the 2000 Planning Act to direct local authorities to revoke non-compliant permissions.
The ECJ judgment related to a wind farm at Derrybrien, Co Galway, where the construction of a service road caused a major landslide on the blanket bog.
Earlier this year, there were two further "bogslides" at wind farm development sites in Kerry and Leitrim.
A coalition of environmental groups, including An Taisce, Birdwatch Ireland and Friends of the Irish Environment has called for a moratorium on wind farm construction involving blanket bog sites until "best practice guidelines" were adopted.
"Peat landslide hazard and risk assessments must be undertaken", a spokesman for the groups said.
"No further developments can be permitted to proceed until this process is complete and guidelines similar to those in other countries are in place," the group said yesterday.
The Irish Times
www.buckplanning.ie
This follows a judgment by the European Court of Justice (ECJ) last July, in which the court invalidated Irish law allowing local councils and An Bord Pleanála to grant retention for developments that failed to comply with the EU's directive on EIAs.
Among the schemes that would be affected by the court's judgment are several major quarries and the proposed convention centre at the Citywest Hotel complex in Saggart, Co Dublin, for which the appeals board recently granted retention.
The board wrote to Citywest developer Jim Mansfield on September 15th last, spelling out the implications of the judgment and saying he should "take legal advice before acting on the planning permission" in these circumstances.
Minister for the Environment John Gormley is warning the local authorities that any current retention applications that should have been subject to prior EIA must now be returned to developers, on the basis that they are invalid.
They are also being told by the Minister that developers who had already received retention permission in similar cases since July 3rd - the date of the European Court judgment - should be "advised not to act upon the permission" on legal grounds.
These developers "must be informed that as a result of the judgment the permission granted is in breach of Community law as it was granted under a legislative system that the ECJ found was inconsistent with the EIA Directive", the circular says.
Referring to the proposed amending legislation, Mr Gormley said: "My aim is to remove the possibility of retention for unauthorised development which would otherwise have been subject to EIA, other than in exceptional circumstances."
A spokesman for the Minister could not say what these circumstances might be as the legislation has yet to be drafted, but he made it clear that Mr Gormley intended to take a "zero tolerance" approach to the retention of such unauthorised developments.
However, he emphasised that the amending legislation would only apply to major developments above the thresholds at which an EIA would be required.
"It's not about going after people who might have built domestic extensions without permission".
The Minister said he envisaged that the legislation would also revoke the current seven-year time limit within which enforcement action may be taken in respect of all unauthorised developments, whether or not they would require a prior EIA under EU rules.
A spokesman for An Taisce said the Minister was the competent authority for ensuring compliance with EU directives and he should use his power under Section 44 of the 2000 Planning Act to direct local authorities to revoke non-compliant permissions.
The ECJ judgment related to a wind farm at Derrybrien, Co Galway, where the construction of a service road caused a major landslide on the blanket bog.
Earlier this year, there were two further "bogslides" at wind farm development sites in Kerry and Leitrim.
A coalition of environmental groups, including An Taisce, Birdwatch Ireland and Friends of the Irish Environment has called for a moratorium on wind farm construction involving blanket bog sites until "best practice guidelines" were adopted.
"Peat landslide hazard and risk assessments must be undertaken", a spokesman for the groups said.
"No further developments can be permitted to proceed until this process is complete and guidelines similar to those in other countries are in place," the group said yesterday.
The Irish Times
www.buckplanning.ie
Friday, 4 July 2008
Gormley: I’ll close loophole on environmental studies
ENVIRONMENT Minister John Gormley has promised to close a loophole in Irish law that allows developers to begin work on large construction projects before the completion of an Environmental Impact Assessment (EIA) as required by EU legislation.
The Green party leader is also expected to bring proposals to cabinet in the next few weeks that will remove the ability of developers to seek retention permission for unauthorised developments that would otherwise have been subject to an EIA.
It follows yesterday’s ruling by the European Court of Justice in Luxembourg that the Government had failed to comply with an EU directive by not ensuring that domestic legislation required EIAs to be carried out on all building projects that were likely to have an impact on the environment before actual work began.
The court examined several projects where EIAs were conducted after work had commenced.
They included quarry developments in Offaly, Galway, Waterford, Clare and Monaghan as well as the Citywest Hotel in Saggart, where construction work was carried out on a large conference centre without proper planning permission.
In particular, the court ruled that the Government had not fulfilled its obligations under EU law by failing to check if a proper EIA had been carried out before planning permission was granted for one of the largest wind farms ever built in Ireland at Derrybrien, Co Galway.
The removal of peat at Derrybrien led to a landslide in October 2003, which dislodged 450,000 cubic metres of soil, polluting the Owendalulleegh River and resulting in the death of 50,000 fish.
Although the Government argued the landslide was caused by poor construction methods used by the developer, the court ruled it was due to the absence of an adequate EIA on the site.
Responding to the ruling, Mr Gormley admitted the issue of retention of planning permission had caused him concern since becoming minister for the environment.
Irish Examiner
www.buckplanning.ie
The Green party leader is also expected to bring proposals to cabinet in the next few weeks that will remove the ability of developers to seek retention permission for unauthorised developments that would otherwise have been subject to an EIA.
It follows yesterday’s ruling by the European Court of Justice in Luxembourg that the Government had failed to comply with an EU directive by not ensuring that domestic legislation required EIAs to be carried out on all building projects that were likely to have an impact on the environment before actual work began.
The court examined several projects where EIAs were conducted after work had commenced.
They included quarry developments in Offaly, Galway, Waterford, Clare and Monaghan as well as the Citywest Hotel in Saggart, where construction work was carried out on a large conference centre without proper planning permission.
In particular, the court ruled that the Government had not fulfilled its obligations under EU law by failing to check if a proper EIA had been carried out before planning permission was granted for one of the largest wind farms ever built in Ireland at Derrybrien, Co Galway.
The removal of peat at Derrybrien led to a landslide in October 2003, which dislodged 450,000 cubic metres of soil, polluting the Owendalulleegh River and resulting in the death of 50,000 fish.
Although the Government argued the landslide was caused by poor construction methods used by the developer, the court ruled it was due to the absence of an adequate EIA on the site.
Responding to the ruling, Mr Gormley admitted the issue of retention of planning permission had caused him concern since becoming minister for the environment.
Irish Examiner
www.buckplanning.ie
Monday, 18 February 2008
Environment impact studies probed
Ireland's failure to insist on environmental impact assessments before major development projects are carried out, will be scrutinised by the European Court of Justice (ECJ).
The European Commission brought an action against Ireland in May 2006, claiming that the government had failed to comply with its obligations under the 1985 Impact Assessment Directive. The Commission complained that Ireland did not require checks to be carried out before major projects begin and allows environmental impact assessments to be carried out after work has already started.
The Commission stated that the system in Ireland - which allows developers to seek retention permission for unauthorised developments - undermined the preventive objectives of the directive.
The European Commission alleged that 'particular deficiencies' in relation to environmental impact assessments for a wind farm at Derrybrien, Co Galway, amounted to 'a manifest breach of the directive'.
www.buckplanning.ie
The European Commission brought an action against Ireland in May 2006, claiming that the government had failed to comply with its obligations under the 1985 Impact Assessment Directive. The Commission complained that Ireland did not require checks to be carried out before major projects begin and allows environmental impact assessments to be carried out after work has already started.
The Commission stated that the system in Ireland - which allows developers to seek retention permission for unauthorised developments - undermined the preventive objectives of the directive.
The European Commission alleged that 'particular deficiencies' in relation to environmental impact assessments for a wind farm at Derrybrien, Co Galway, amounted to 'a manifest breach of the directive'.
www.buckplanning.ie
Wednesday, 6 June 2007
CLOSURE OF PEAT POWERED PLANTS WELCOMED
The environmental group Friends of the Irish Environment today welcomed the closure of the two peat powered electricity generation stations at Shannonbridge and Lanesborough. The group which had previously brought an unsuccessful petition to the European Commission and a Judicial Review in the Irish Courts against the plants, said today that 'Burning peat as a fuel is three times as polluting as burning natural gas - and the carbon released by harvesting is 6 times as great per hectare as felling a tropical forest.
No EIA was required of the IPC licences for these plants. The Government should seek to convert these plants to biomass which is permitted by their licenses and use the existing terms of the Rural Development Plan to turn the damaged bogs into wilderness and amenity.
In view of what we know about climate change now, there is no doubt peat powered electricity generation is a doomed technology.
No EIA was required of the IPC licences for these plants. The Government should seek to convert these plants to biomass which is permitted by their licenses and use the existing terms of the Rural Development Plan to turn the damaged bogs into wilderness and amenity.
In view of what we know about climate change now, there is no doubt peat powered electricity generation is a doomed technology.
Subscribe to:
Posts (Atom)